Senior Executive Service Due Process Framework for Misconduct

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Enable Removal of High-Ranking Officials for Constitutional Violations

AKA “Fire the Deep State Traitors”


Which agency/agencies promulgated the regulation? *
Office of Personnel Management (OPM), Department of Justice (DOJ), Executive Office of the President
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
5 CFR § 752.604 (SES misconduct removal procedures) 5 CFR § 1201.111 (Appeal limits during misconduct reviews) 5 CFR §§ 317.901–909 (SES reinstatement and performance-based removal)
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
Senior Executive Service Due Process Framework for Misconduct
Please provide a short summary of the justifications for the rescission. *
Current SES protections create procedural insulation that delays or prevents removal—even in cases of verified constitutional breaches, obstruction of federal investigations, or abuse of oath-bound authority. This rescission enables narrowly defined, expedited removal of senior officials found to have engaged in grave misconduct while preserving due process and preventing political abuse.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Office of Personnel Management 1900 E Street NW Washington, D.C. 20415
Please insert the contact information for the agency. *
Email: employeeaccountability@opm.gov Phone: (202) 606-1800
What is the background for the regulation being rescinded? *
The SES system was created to professionalize the federal executive corps and guard against politicized firings. But those same protections are now used to shield high-ranking officials who commit clear violations of law or constitutional duty—from obstructing peaceful transitions of power to unlawfully suppressing investigations. Misconduct at this level undermines institutional legitimacy and public trust—and should not be protected by red tape.
Explain the reasons for the rescission. *
This rule would establish a narrow exception: when an SES official is credibly found—via Inspector General report, criminal referral, or internal DOJ determination—to have violated constitutional obligations or materially obstructed lawful federal action, they may be removed through an expedited process. Reinstatement and appeal rights will be limited in these cases. This preserves essential civil service protections for good-faith officials, while ensuring the system is not hijacked by bad actors.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
5 CFR § 752.604 will include a new provision authorizing expedited removal of SES officials in cases of verified constitutional or legal misconduct, based on independent findings. 5 CFR § 1201.111 will be amended to prevent automatic reinstatement during appeal in such cases and shorten the review period. 5 CFR §§ 317.901–909 will prohibit reinstatement rights for officials removed under this clause, except where later exonerated.
Please insert the name of the current agency head. *
Scott Kupor
Please insert the title of the agency head. *
Director of the Office of Personnel Management

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