Navigating the maze of malicious compliance

Just because Donald Trump won the election doesn't mean the fight is over. The obstructionists on both sides still remain in place. While meeting resistance from the Left is to be expected, meeting it from those ostensibly on your own side is galling.

On January 20th President Trump signed an Executive Order (EO) entitled, "Ending Radical And Wasteful Government DEI Programs And Preferencing." The purpose of this order is to counter Biden's Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.”

According to President Trump's EO, Biden's order "...forced illegal and immoral discrimination programs, going by the name “diversity, equity, and inclusion” (DEI), into virtually all aspects of the Federal Government"

Section 2 of President Trump's order reads: "The Director of the Office of Management and Budget (OMB), assisted by the Attorney General and the Director of the Office of Personnel Management (OPM), shall coordinate the termination of all discriminatory programs, including illegal DEI and “diversity, equity, inclusion, and accessibility” (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear."

In brief, Biden mandated race- and gender-based programs in the federal government and Trump ended them. Both used EOs rather than legislation to accomplish their goals, which is itself the subject for another essay.

Those on the Left naturally approved of Biden's EO while objecting to Trump's. Leftists in the Air Force promptly employed "malicious compliance" to resist. This tactic involves following orders in such a way that it thwarts managerial objectives, impedes progress, and can even embarrass those who issued the directive.

Malicious compliance is sometimes used by employees to fight back against unjust, inefficient, or unreasonable demands from employers, but it can also be used to thwart their legitimate goals. It may involve one or more of the following components:

  1. Rigorous adherence to protocols -- require extensive reviews before implementing policies.
  2. Bureaucratic delay -- invoke requirements for reviews or compliance checks.
  3. Over-communicate -- sharing directives widely to delay actions.
  4. Raise endless questions -- seek detailed clarifications to slow momentum while appearing constructive.
  5. Prioritize other tasks -- this delays implementation of unwelcome directives.
  6. Strategic interpretation -- overcomplicate tasks to create bottlenecks.

To paraphrase H.L. Mencken, this is a way to give people what they want, good and hard.

In the case of the Air Force, the leadership cancelled training modules on the Tuskegee Airmen and Women's Airforce Service Pilots, or WASPs.

Alabama senator Katie Boyd Britt immediately responded on 'X' with this

Senator Katie Boyd Britt

@SenKatieBritt

I have no doubt Secretary Hegseth will correct and get to the bottom of the malicious compliance we’ve seen in recent days. President Trump celebrated and honored the Tuskegee Airmen during his first term, promoting legendary aviator Charles McGee to Brigadier General and pinning his stars in the Oval Office. In his second term, the Trump Administration will continue to deeply respect and elevate the Tuskegee Airmen’s legacy. Their history and their lessons will continue to be taught -- because their legacy is one of excellence, of success, and of unquestionable merit. As the Pentagon under @PeteHegseth’s leadership restores its focus to lethality, there is no greater historical example of a highly skilled, valiant fighting force than the Tuskegee Airmen. These role models will continue to inspire the next generation of courageous, selfless American servicemembers.

Four hours later, Secretary of Defense Pete Hegseth responded:

Pete Hegseth

@PeteHegseth

This has been immediately reversed. Thank you @SenKatieBritt

President Trump is also not meekly submitting to these actions. He issued an order last week requiring US Agency for International Development (USAID) to stop designating new foreign aid funding or accepting funding applications pending further study. Today, acting USAID administrator Jason Gray said, "We have identified several actions within USAID that appear to be designed to circumvent the president’s executive orders and the mandate from the American people." In response to these actions President Trump suspended (with pay) as many as 60 senior USAID bureaucrats.

Countering malicious compliance involves fostering a collaborative workplace atmosphere in which administrators review existing policies and procedures, employees have opportunities to ask questions and voice their concerns, and staff members are involved in decision-making. In the case of the USAID situation, funding was to be temporarily halted pending administrative review. When a new administration is brought in, it is reasonable to expect that they would want to see where and how money is being spent.

It is unlikely that these instances of malicious compliance will stop. One of the many challenges of the Trump administration will be to balance legitimate concerns and questions of bureaucrats and staff members with obstructionism disguised as compliance. Employees and staff must know that there are deadlines and standards they are expected to meet, and repeated failure to do so will carry consequences.   

Image: AT via Magic Studio

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