Executive Order 14215

Executive Order 14215 represents a coordinated effort to dismantle the structural independence of regulatory agencies that Congress created to be insulated from direct presidential control. The order employs multiple mechanisms—regulatory review, budget manipulation, performance standards, mandatory political liaisons, and control over legal interpretations—to bring agencies like the FTC, FCC, SEC, and most concerning, the Federal Election Commission, under direct presidential authority. Section 7's provision making presidential legal interpretations 'controlling on all employees' is particularly dangerous, as it creates a mechanism for the executive to override statutory requirements through unilateral interpretation. While the order includes language about being 'consistent with applicable law,' this is fundamentally undermined by the provision that makes the President's interpretation of what the law requires controlling. This follows documented patterns of democratic backsliding in Hungary and Poland, where 'accountability' rhetoric was used to justify eliminating independent institutions that serve as checks on executive power.

• Section 7's establishment of presidential legal interpretation as controlling creates a mechanism for overriding statutory requirements and could prevent agencies from enforcing laws as Congress intended
• Inclusion of the Federal Election Commission threatens to eliminate the bipartisan, independent oversight of federal elections that has existed since 1975
• The combination of budget control, regulatory review, and political liaisons creates a comprehensive system for bringing independent agencies under presidential domination
• The order's assertion of authority over agencies that Congress specifically structured to be independent raises profound separation of powers concerns that the Supreme Court may need to address

• Congress should exercise oversight through hearings and consider legislation clarifying and protecting agency independence
• Affected independent agencies should document instances where the order conflicts with their statutory mandates
• Legal challenges should be prepared regarding the order's application to agencies with explicit statutory independence
• Civil society organizations should monitor implementation for instances where the order is used to override statutory requirements or manipulate regulatory outcomes for political purposes
• The Office of Special Counsel should review whether the White House Liaison positions and their Schedule C status comply with civil service protections and merit system principles