‘Malicious Compliance’ Is Not the Issue With Trump’s Executive Orders

The president’s decrees are deliberately sweeping and chaotic.

Latest Jan 29, 2025 0 Add to Reading List

‘Malicious Compliance’ Is Not the Issue With Trump’s Executive Orders

This is an edition of The Atlantic Daily, a newsletter that guides you through the biggest stories of the day, helps you discover new ideas, and recommends the best in culture. Sign up for it here.

Senator Katie Britt, Republican of Alabama, is upset. She believes that someone in the United States Air Force decided to interpret President Donald Trump’s recent executive order to terminate “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,” just the way it was written.

No one is quite sure what happened, but somehow this order resulted in the excision from a U.S. Air Force training course of some materials about the legendary Tuskegee Airmen, the all-Black World War II fighter pilots known as the Red Tails because of their aircraft’s distinctive markings. Air Force officials confirmed on Saturday that a video had been removed from the training curriculum but only because it was “intertwined in courses now under review,” and it is now back in the curriculum.

Britt referred to this kind of action as “malicious compliance,” meaning a kind of opposition through aggressive and sometimes overly literal implementation of a command or policy. Rather than refuse to obey, the person or group engaging in malicious compliance takes a kind of “monkey’s paw” approach, implementing the directives as destructively as possible. (Every teenager who has loaded the dishwasher improperly on purpose, hoping never to be told to clear the table again, knows what malicious compliance means.)

Britt also tagged Secretary of Defense Pete Hegseth on social media. Hegseth, who was nominated for his position in part because of his vow to root out wokeness and DEI and to replace them with “lethality,” responded enthusiastically: “Amen! We’re all over it Senator. This will not stand.”

Britt’s complaint about malicious compliance is a diversion. Trump’s wave of executive orders is designed to be performatively malicious. My colleague Adam Serwer years ago noted that, for the MAGA movement, “the cruelty is the point,” and now Trump’s orders make clear that the malice is the policy.

The series of presidential decrees is largely intended to delight the Republican base; unfortunately, government workers cannot divine what Trump really meant. The president has not given any cue that his orders should be interpreted in some more generous way. In fact, days before the Air Force kerfuffle, federal workers received an email from their supervisors (based on a template provided by the Office of Personnel Management) that could have come straight from a party apparatchik in the old Soviet Union. This memo not only told staff to be on the lookout for attempts to hide DEI-related ideological contamination, but warned them of their obligation to rat out colleagues who did so or face “adverse” job consequences themselves.

The advisory, which has since been taken off a government website, continued: “We are aware of efforts by some in government to disguise these programs by using coded or imprecise language. If you are aware of a change in any contract description or personnel position description since November 5, 2024”—that is, since Election Day—“to obscure the connection between the contract and DEIA or similar ideologies,” employees must report it to OPM within ten days.

This is not exactly language that encourages anyone to use common sense and good judgment to decide what constitutes DEI contraband. This is a command that says, in effect: This could mean anything; if you don’t report it, and we find it, you’re in trouble. When government employees get a memo like that, they are not inclined to sit around wondering what counts and what doesn’t.

Trump’s other executive orders are likewise designed to show the GOP base that the new administration is doing all of the things that Trump promised he’d do—even if they’re things that, legally, no president can do. Trump had pledged, for example, to eliminate birthright citizenship, so he sharpied out part of the Fourteenth Amendment and declared victory. He froze federal grants and loans—an order now temporarily blocked by a judge—which could have endangered any number of programs, including school lunches. (And about time, according to Representative Rich McCormick, Republican of Georgia, who told CNN today that those indolent kids need to go get jobs—even, apparently, schoolchildren who aren’t old enough to work—instead of “spong[ing] off the government”).

What would non-malicious compliance with such a mandate even look like? Instead of a lunch, are schools supposed to hand poor kids a glass of water and then wish them luck in their job search?

Of course, the Trump administration knows that aid to states and localities will begin to flow again, that children will be getting lunches, and that babies born on U.S. soil are citizens. The goal of all these orders is not to implement policy, but to generate outrage, report the spasms of liberal apoplexy to the MAGA faithful, and then, when necessary, go to court. And why not? The president now has a politically sympathetic Supreme Court majority that worked hard to keep him out of prison while he was a candidate, and has functionally immunized him against almost any challenge now that he’s back in office. Trump’s people know that they cannot actually shake the Constitution like an Etch A Sketch and make birthright citizenship disappear, but why not give it a shot, especially if a trolling executive order makes the base happy?

Trump and his people may also believe that a sleet storm of executive orders, some of which might stick here and there while others melt on contact with reality, is a way to demonstrate competence. They are likely still stung by the fiasco over the 2017 travel ban that initially got swatted down in court, and this time they want to appear as if they know what they’re doing.

But this is merely mimicking competence and energy. The “return to work” order, for example, is a MAGA fan favorite, because it plays to a common stereotype among many Americans that federal employees who work from home are scamming goldbrickers plodding around the house in their bunny slippers and tapping the occasional key on a laptop. Although showing up to an office or worksite in-person is (and should be) a basic requirement of most jobs, remote work in many cases benefits the government and the taxpayer: It reduces congestion in cities, and it offloads a lot of overhead costs (heat, water, lighting, etc.) onto the worker. That’s why the government and private industry were trending toward remote arrangements long before the pandemic.

In any case, many federal offices don’t have enough space to bring everyone back, but Trump may be attempting to make government service onerous enough that some of them will leave anyway: All federal employees have until February 6 to accept a sizable buyout if they cannot or will not return to in-person work. In the end, the RTO power play isn’t really about trying to fill empty offices. Instead, Trump is telling federal employees that all of the arrangements they’ve made with their departments about schedules, child care, commutes, and staffing are now invalid, because their career and service matters less than making some red-state voter feel that the president finally stuck it to them and their co-workers.

Maybe a non-malicious way to enforce such orders exists. But that’s not the point.

Related:

The cruelty is the point. (From 2018)
The strategy behind Trump’s policy blitz

Here are three new stories from The Atlantic:

Today’s News

A district-court judge temporarily blocked the Trump administration’s pause on federal grants and loans.
Trump signed an executive order that would exclude gender-transition care from federal insurance programs.
The Department of Justice announced yesterday that it has fired more than a dozen officials who worked on the criminal investigations into Trump.

Evening Read

A moving image showing flickering stacked light bulbs — Illustration by Danielle Del Plato

Just Say No to Terrible White LEDs

By Gilad Edelman

God said, “Let there be light”—everyone knows that. But God did not specify what color light, and this would eventually prove problematic.
In the age of the LED light bulb, consumers have an unfathomable range of lighting options. This has, perversely, made the task of pleasantly illuminating our homes harder, not easier.

Read the full article.