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Judicial capture

Paralyzing Oversight: The Neutralization of the MSPB

Active obstruction
Case Dossier JUD-OVR-001
STATUS
Active obstruction
SEVERITY
Critical
DATE
2025-07-25
DOMAIN
Judicial Capture
SUBDOMAIN
Administrative Law
CAPTURE VECTOR
Engineered futility
TAGS
mspb civil-service due-process constructive-termination jan-6 michael-gordon cathy-harris
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The administration creates a legal 'catch-22' for purged civil servants: dismissal letters direct them to appeal to the Merit Systems Protection Board (MSPB), which the President effectively destroyed by firing its chair and denying it a quorum.

Summary

On July 25, 2025, three unlawfully terminated Department of Justice officials filed a lawsuit exposing a calculated strategy to dismantle civil service protections. The plaintiffs—including Michael Gordon, a prosecutor who secured over 100 convictions in January 6th cases, and Joseph W. Tirrell, the AG’s ethics adviser—were fired despite “exemplary” records. Their termination letters directed them to appeal to the Merit Systems Protection Board (MSPB). However, the President had previously fired MSPB Chair Cathy Harris in February (a move allowed by the Supreme Court in May), leaving the board without a quorum and legally paralyzed.

Capture Mechanism: The Procedural Dead End

This case illustrates Engineered Futility. The regime maintains the appearance of due process while destroying its function.

  • The Trap: Civil service laws require fired employees to appeal to the MSPB before seeking judicial review.
  • The Sabotage: By intentionally depriving the MSPB of a quorum, the administration ensures no appeals can be heard.
  • The Result: Purged employees are trapped in a legal limbo where the only venue for recourse has been rendered comatose by executive fiat.

Targeting Competence and Accountability

The specific targets of the purge reveal the political motive behind the “administrative” firings:

  • Michael Gordon: Received an “outstanding” performance review just two days before his termination. His firing is a clear retaliation for his role in prosecuting the January 6th insurrectionists.
  • Joseph W. Tirrell: As the ethics adviser, his removal eliminates internal oversight of the Attorney General’s conduct.

Analysis

The neutralization of the MSPB represents a “soft repeal” of the Civil Service Reform Act. Without needing to pass new legislation, the administration has nullified the tenure of the entire federal workforce simply by breaking the tribunal designed to protect it. It transforms the civil service into an at-will workforce through the weaponization of vacancy.