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National Review
National Review
16 Jan 2024
Andrew C. McCarthy


NextImg:The Corner: Looming Strike by Petulant Pro-Hamas Biden Administration Staffers

Today is the day on which the petulant kids staffing the Biden White House and various Biden administration agencies have planned to strike, protesting on behalf of the rampaging rapists of Hamas’s jihad against Jews — which the staffers somehow regard as Israeli “genocide” against Palestinians.

This is mind-boggling. Any of us who’ve worked in government for any length of time (as I did for a quarter-century) are certain to have experienced any number of policies with which he or she intensely disagreed. Striking, however, is not a lawful or ethical option. For the Party of (Our Tapped Out) Government, which shrieks at the very whisper of a threatened government shutdown, to endorse a staffer strike, tacitly or otherwise, is shameful. But of course, this is a radical left-wing tantrum so, as with the stifling Covid restrictions progressive officials imposed on everyone else, we’re supposed to just accept that the rules don’t apply.

Well, as it happens they do — and the next Republican administration can make sure they do.

I can’t improve upon Dominic’s excellent post from last Friday, in which he explained that it is not merely illegal but also a violation of federal criminal law for government employees to strike: Section 7311 (of Title 5) carries a disqualification from holding any government position (a disqualification which far more clearly attaches to a striking federal worker than does the 14th Amendment Section 3 disqualification apply to Donald Trump); and Section 1918 (of the penal code — Title 18) carries a sentence of imprisonment.

I would simply add two things.

First, the general statute of limitations on federal crimes is five years. This means that even if President Biden is too impotent to confront the Muslim-Brotherhood lovin’ lunatic fringe of his party’s base, the next administration would be able — from January 2025 into January 2029 — to indict any staffer who strikes.

Note: The organizers of the strike are already prosecutable, even though the strike hasn’t yet happened as of this early morning writing. Federal law (Section 371 of the penal code) also makes it a crime to conspire to violate any federal criminal law. This means that, even though the strike has only been prepared at this point, not implemented, the conspiracy to execute the strike is itself a crime, regardless of whether the strike happens. The ringleaders of this tantrum are already subject to prosecution.

Second, and relatedly, Republican presidential candidates — obviously including prohibitive favorite Donald Trump — should commit to taking enforcement action against any government employee who strikes.

The overwhelming majority of the voting public — the older demographic groups, which more reliably cast ballots — is pro-Israel and not especially fond of government staffers. A campaign promise to take action against pro-Hamas staffers who struck against the government would be popular. There is sure to be lots of video of any strike and lots of evidence of communications coordinating the walk-out; ergo, criminal cases would not be difficult to prove. Convictions would make it easier to enforce the statutory disqualification, ensuring that anyone who walks out can never work for the government again.

The privileged kids can then spend the next few years explaining to prospective employers — who know that, under civil-service law, it’s usually hard to terminate government employment — how it is that they managed to get fired by Uncle Sam.