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Trump's Latest Executive Orders and Memorandums

Discussion in 'News & Current Events' started by InTheLight, Aug 12, 2020.

  1. InTheLight

    InTheLight Well-Known Member
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    On Saturday Trump signed four executive orders intending to help people struggling financially because of the coronavirus.

    I'm old enough to remember the Obama era when presidential executive orders were roundly denounced by conservatives as being unconstitutional and an abuse of executive power. (US Constitution, Article I, Section 8, Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts...) I guess now that Trump is president, executive orders have been embraced as great stuff.

    The one I want to focus on is the FICA tax deferral starting September 1st and ending December 31, 2020. Notice I did not say FICA tax suspension, tax holiday, or FICA tax elimination. The word is deferral. That means the FICA tax must be repaid.

    Here is the exact language of the text:

    Sec. 2. Deferring Certain Payroll Tax Obligations. The Secretary of the Treasury is hereby directed to use his authority pursuant to 26 U.S.C. 7508A to defer the withholding, deposit, and payment of the tax imposed by 26 U.S.C. 3101(a), and so much of the tax imposed by 26 U.S.C. 3201 as is attributable to the rate in effect under 26 U.S.C. 3101(a), on wages or compensation, as applicable, paid during the period of September 1, 2020, through December 31, 2020

    Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster | The White House


    This means that the employee portion of FICA tax of 6.2% that is withheld from your paycheck does not need to be withheld. I say "does not need to be withheld" because it's not clear whether employers are required to suspend the withholding or whether it is a voluntary action. (The 1.45% Medicare tax must and will continue to be withheld.) Since it's ambiguous, it appears the withholding of the employee portion of the FICA tax is a voluntary action by employers. If your employer opts to not withhold the FICA tax, you will see a 6.2% increase in your take home pay, so long as you don't gross more than $4,000 every two weeks, or $104,000 per year.

    Not only that, but any money that does not flow into the Social Security Administration because of this deferral needs to be replaced. OK, what is Trump's plan to replace the money?

    Sec. 4. Tax Forgiveness. The Secretary of the Treasury shall explore avenues, including legislation, to eliminate the obligation to pay the taxes deferred pursuant to the implementation of this memorandum.

    Looks like the plan is to think about how it's going to be repaid down the road. Maybe each worker will end up with a tax bill for the deferred FICA taxes. Maybe Congress will fund the FICA amount that was deferred from paychecks using money from the general fund. Maybe Trump will use his pen and simply "forgive" the amounts owed.

    Now here's the scary part--Trump says he intends the FICA tax collection of the employee portion to be "permanently eliminated". That's right. He wants to end the collection of FICA from employee's paychecks FOREVER.

    “If I’m victorious on November 3rd, I plan to forgive these taxes and make permanent cuts to the payroll tax,” Trump said.
    Trump's payroll tax cut would 'terminate' Social Security, critics say


    Sounds like Trump intends to eliminate a payroll tax with the wave of his hand!

    So far, the only Republicans I know of that have objected to Trump's action on FICA withholding is Ben Sasse and Rand Paul. The usually stalwart Constitutional scholar Ted Cruz has been silent.
     
  2. carpro

    carpro Well-Known Member
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    But he can't. That's the end of that story.
     
  3. InTheLight

    InTheLight Well-Known Member
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    So why does he talk about it? Is he stupid?

    He can't move the election back a couple weeks either, but he talks about it.
     
  4. carpro

    carpro Well-Known Member
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    Sometimes he says what we think is stupid stuff. OTOH , he's a master at stirring up the left with such off the wall statements. Most of the time, it eventually works to his advantage.
     
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  5. InTheLight

    InTheLight Well-Known Member
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    I watched the press conference and signing ceremony. (It was on CSPAN, Fox News and MSNBC, but not CNN...imagine...)

    At the time I thought it was a brilliant negotiating ploy. Create a situation where the president bypasses Schumer and Pelosi and tries to help the average American worker by getting them $400 a week in extended unemployment benefits and also temporarily suspending the FICA tax. In order to stop his actions, the Dems will have to sue the President or otherwise oppose his giveaway programs. At the minimum it should drive them back to the negotiating table.

    It's still early, but so far the Dems haven't cooperated.
     
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  6. Reynolds

    Reynolds Well-Known Member
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    I disagree with Trump on this. I also disagree with the entire CARES act. People who were responsible and saved up for a rainy day were penalized. Those in debt up to their eyebalss were rewarded. Its a disgrace!
    My granny taught me to have a bare minimum if 1 years living expense in savings. I had that by the time I was 20. People save nothing and the government rewards them. Let the economy correct and the chips land where they land.
     
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  7. Reynolds

    Reynolds Well-Known Member
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    To make the MSM melt down. He enjoys pushing their buttons.
     
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  8. InTheLight

    InTheLight Well-Known Member
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    Seems like childish behavior to me.
     
  9. kyredneck

    kyredneck Well-Known Member
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    Lol...

    "...and Trump is not only the 'stable genius', he's a 3D chess master at trolling and provoking the left into this "deranged fury" and subsequently to expose who they really are. Many American eyes have been opened by all the craziness coming from the left.

    It's nothing short of brilliant, and he does it all the time. Plays em like a banjo string."
    Trump Donated Thousands to Harris' Attorney General Campaigns
     
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  10. Van

    Van Well-Known Member
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    We still have DACA, instituted by the wave of the hand. Since the courts believe they can say some hand waves are valid, even after the hand waver has left office, no one say a hand wave is invalid. Could a court case to tear down Trump's hand waving result in tearing down all prior EO?
     
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  11. kyredneck

    kyredneck Well-Known Member
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    Excellent post!
     
  12. Salty

    Salty 20,000 Posts Club
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    But is it effective ?

    That is my thinking.....

    Congress should NOT have adjourned until the mission was accomplished.
     
  13. Reynolds

    Reynolds Well-Known Member
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    Washington is childish and Trump knows how to melt them down.
     
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  14. JonC

    JonC Moderator
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    He earned strategy points on that one. He'll probably say something to take back those points, but it was a good move IMHO (as far as strategy....not necessarily good in a general sense).
     
  15. Sai

    Sai Active Member

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    He told you you’d get tired of all the winning.
     
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  16. just-want-peace

    just-want-peace Well-Known Member
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    There has been so much that is gonna get Trump impeached, kicked out on some article re: mental problems, recalled, found guilty of treason/lying/talking dirty, yada, yada, yada, but he is still stirring up the dems/MSM/liberals/leftists/TDSers/never Trumpers, etc, but he IS STILL HERE, still plugging away!!
    This type of character, IMHO, was put here to show (and boy, has he done a fantastic job!!!!) the general public what the "Peoples Democratic Party" has become & their no longer shielded goals for the USA; and with this warning to the nation, if they are allowed to take over, God has shown what this nation's future will be.
    I really don't know if there are enough conservative votes to override the potential fraud that will be so massive in this election.
    If Trump wins, I fully expect many states are going to "find" scads of votes in somebody's basement and/or trunk!

    MARANATHA
     
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  17. Earth Wind and Fire

    Earth Wind and Fire Well-Known Member
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    Bingo
     
  18. Calminian

    Calminian Well-Known Member
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    This is why I liked Trump over ideologs. As a business man, he's going to be about results, not following an ideology to the T.

    When you have obvious obstruction and an attempt to stall the economy and hurt workers, Trump will do what works. An exec order is not ideal, but a decent option that can bring the dems back to the table.

    And i really don't think the dems have any real objection to what Trump is doing, other than it may help him politically. They know pain for workers means votes for them.
     
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  19. Earth Wind and Fire

    Earth Wind and Fire Well-Known Member
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    So you should get a place in Jacksonville and follow him down there in January.
     
  20. Sai

    Sai Active Member

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    God elected Trump
     
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