The Legal Liability of the Government on E.O. 14042: When our quality of business life decreases, the Biden administration is directly to blame

The Government is Liable for Business Losses Due to their Bad Decisions

Not many people, including most lawyers, have had time to break down Joe Biden’s ridiculously unconstitutional Executive Order 14042, which my nickname for it is 4th down and 1.  It’s about as serious as a football team that is on 4th down, and they only need 1 yard for a conversion, so they perform a hard count hoping to draw the other team offsides and get a five-yard penalty.  They have no intention to throw the ball or run a play, and they hope that in such a way, they can trick their opposition into giving them some free yards on the down and distance because the government has no right even to issue Executive Order 14042.  It is all a bluff to see how much the government can trick people into getting vaccinated off a virus that global conspirators created in a Wuhan lab to remove an American president from office.  Also, there is further trouble from the Biden administration. As it looks now, based on the early auditing process, the Biden presidency was illegal and will have to be undone.  Biden can’t issue tissue paper because it was the media that called the election for him.  States not ever having to face a challenge in the certification process didn’t know what to do.  Mike Pence called Dan Quayle of all people for legal advice on what to do on January 6th.  Looking back, the states should have taken care of certifying their election because massive voter fraud under cover of covid is what put Biden in the White House.  He was not elected by the people but by laziness, deception, and trickery.   So there are lots and lots of problems with Biden’s E.O. 14042.  Lots and lots and more lots, legally, ethically, and historically. 

But what’s fascinating about the whole thing is just how stupid the government is as an institutional entity under the Biden administration and its waves of progressive administrators.  Most of the focus of the Biden vaccine mandate has been spent on the clause forcing any company with more than 100 employees to comply.  Yet, the biggest and most challenging hit came to federal employees in some way or another and all their sub-tier contractors.  If you even smell the work for which the federal government touches, the vaccine mandate is a real threat. There is no short-term legal answer to presenting terrible problems for most employers in the United States.  Recently the FAR flow downs have been passed down the supply chains, and we now have some idea what the federal government was thinking and what they signed up for.  There is a very reckless clause in the FAR that instructs employers what the method of compliance will be, which puts the burden of massive failure squarely on the federal government’s back, which is worth a logical discussion. 

Nestled a few paragraphs down from the FAR I saw from NASA is a section that states, “These safeguards will decrease the spread of Covid-19, which will, in turn, decrease worker absences, reduce labor costs, and improve the efficiency of contractors and subcontractors performing work for the Federal Government.” So there it is, and there is a lot wrong in those few little sentences that set up the federal government for a load of lawsuits.  First of all, there are declarative statements about Covid as a whole.  Colin Powell just died the other day of Covid, or so they say.  Yet, he was vaccinated.  Getting a vaccination is not a protection from Covid 19, so the government lied in their reasoning.  As of the time of the writing, they would have known they were lying as well.  So that’s a problem.  But worse than that, the government states that the purpose of the vaccination mandate is to keep schedules to the Federal Government. By reducing people from getting sick from Covid, they will help improve attendance. 

As we know, as a direct result of the Covid vaccine, employers have had to take on the burden of government office instead of focusing on their core competencies and have turned their human resource departments into compliance centers for enforcement.  The government pushed companies to do what they had no legal right to do, which is why I said that this is a bluff similar to football on a 4th and 1.  In reaction, instead of people jumping offsides as the government hoped, people have dug in, and some, enough to cause significant problems, have taken themselves out of the employment game.  This has been most noticeable in the news over seaport supply chains and Southwest Airlines.  Employees are just refusing to be told to get the shot.  Not all employees, but anywhere around 7 to 10% is enough to screw up companies’ business models and slow them down to a crawl, which has clogged up supply chains everywhere.  The government has once again cost millions of dollars in damage to companies with their interference and activism.  And those losses should be recoverable as damages by the government because of how the FAR was written.  The intention of the federal government was just the opposite, the way they sold it.  It was supposed to reduce lost time action by employees and help stabilize the supply chain due to Covid call-offs.  Oops.  

Even if all this Covid stuff is just a cover story for hiding election fraud, or the results of a completely incompetent administration trying to implement United Nations Marxism into America through change state strategy, the responsibility for the failure still falls on the federal government.  The people, employers, and employees did nothing to deserve this disaster; it’s all the federal government.  Biden got himself in trouble with poll numbers; he wanted to be a tough guy with this Covid vaccine mandate and hope to draw companies offsides.  Many of them were hungry to comply, but the workers refused to play along, and now the combination of efforts has torpedoed the American economy. I can’t wait for that jobs report in October and November; Joe Biden should enjoy those.  But he only has himself to blame.  Yet when people wonder why things are getting so bad out there and why they are much worse under the Biden administration as opposed to Trump, they forget about politics, look at the results between the two presidents, and everything becomes obvious.

The Biden Marxism and authoritarian approach have killed any recovery that was possible coming out of Covid lockdowns, which of course, has never been adequately admitted to.  The real question is, why did we have Covid in the first place?  Why was the NIH funding it, and why isn’t Dr. Fauci in jail?  But the mistakes that have cascaded off Covid have been disastrous.  The Trump administration did a good job even under detrimental conditions.  The Biden people, they can’t get out of their own way.   The Biden vaccine mandate for them was all about testing to see if they could get away with a massive overreach of the American constitution.  But now, they have crippled their own recovery.  It hurts us all, but the blame is squarely on the Biden government.  Some of this has, of course, been on purpose.  But the results of E.O. 14042 have been historically disastrous.  History will never forget the intent that was shown by the government and the reaction by the public.  Americans are not compliant Chinese.  We weren’t going to jump offsides and give the government a free first down.  And because we didn’t, the government is left holding all the losses, and we will pin it on them, forever.  

Rich Hoffman

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