Kinda unbelievable, but what else is new?
Trump’s Postmaster General wants to stay on the job, but his days in the Biden administration may be numbered
Washington (CNN)Embattled Postmaster General Louis DeJoy has told those close to him he wants to stay in his role under the new president, two sources tell CNN, despite his troubled tenure at the helm of the US Postal Service and his background as a supporter and donor to former President Donald Trump.
President Joe Biden faces mounting pressure from fellow Democrats to remove DeJoy, however, amid months of complaints over mail delivery delays — including prescription drugs.
So many questions, like why does this saboteur even want to stay? The election is over and DeJoy’s big evil plan failed (more or less), so is this more GQP run-the-country-like-a-bidness BS, or is he destroying the USPS more to give his former/future delivery company a leg-up, or is this something else? I dunno.
Anyway, our pals over at Electoral-Vote have info on the process of removing him, and it’s not going to be easy:
In any event, many Democrats blame DeJoy for the USPS’ failures (which is partly fair) and would really like to see him gone. And Joe Biden would love to accommodate them. However, he can’t do it. By the terms of a law passed by Congress—ironically, to keep the postmaster generalship from becoming politicized—a president cannot fire the PG. Only the nine-member board of governors can do that. By (yet another) law, the board have no more than 5 members from any given political party at a time. Right now, it has 4 Republicans, 2 Democrats (one whose term has expired and is waiting to be replaced), and 3 open seats.
At this point, you might be saying: “Easy-peasy. Biden can appoint 3-4 more Democrats and then send DeJoy packing.” Not so fast, though. First of all, the one Democrat on the board whose term has not expired, Donald Lee Moak, is a Trump appointee who voted to hire DeJoy in the first place. Moak is not likely to vote for termination. Second, the new appointees would have to be approved by the Senate, and can be filibustered. It won’t be easy to get 3-4 people approved, especially since Senate Republicans already blocked most of Barack Obama’s USPS board appointees.
And then they have some scenarios:
This leaves the President with four options:
- Change the law: It’s pretty clear that Congress needs to take action as regards the USPS, in order to keep the service viable as an ongoing concern. And those discussions are already underway. The bill that results could easily get rid the “the president cannot fire the PG” rule, since it didn’t work to keep the job apolitical anyhow. However, getting both chambers to agree on a bill, and then getting that bill past filibuster-happy Senate Republicans, is no small feat.
- Fire ’em all: It is legal for the president to fire USPS board members, but only if they are guilty of malfeasance. Biden could argue that by allowing DeJoy to take a hammer to the postal service and doing nothing to stop him, the board members were guilty of malfeasance and are thus fireable. But they would sue, and would probably win, because that would be a definition of malfeasance out of line with standard practice (you have to actually do something bad yourself, not sit by while someone else does something bad).
- File suit: Biden could challenge any of the laws that tie his hands, like the one that makes the PG unfireable. He might even win…three years from now.
- Be patient: One of Trump’s appointees to the USPS board, John McLeod Barger, reaches the end of his term in December. So, Biden could wait until then, and try to seat another anti-DeJoy member. If the President’s first four picks have been approved, then this would be enough to tip the scales.
We have options! Some are better than others, but at least we have some. And we should note that to exercise any of the more likely scenarios, we need to get rid of the filibuster first and marginally fix the Senate.
(And yes, I’d still rather get rid of the Senate entirely, but I know that ain’t gonna happen, so filibuster it is!)