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There is nothing especially reassuring about the ability of the third branch of American government to stand up to a persistent authoritarian executive’s excessive exercise of presidential power. However, whatever the gloss given to the meaning of the term “86”, the prosecution of James Comey is an abuse of prosecutorial discretion, and a further descent into authoritarian government.
It is the inaugural National Apprenticeship Week (“NAW”), so let’s review the events this week at DOL.
An employee who was tasked by the company CEO to audit the company’s SCA compliance, who found that the company was not compliant, and who allegedly was fired after repeatedly rebuking the CEO for the allegedly knowing noncompliance, could not bring a qui tam action, because conducting the audit became part of his normal duties once the CEO instructed him to conduct it. See U.S. ex rel. Irizarry v. Innovative Technologies, Inc., 2025 WL 2298711 (D.D.C. 2025).