LINDA McMAHON
Secretary of Education
Confirmed March 3, 2025
These are allegations based on real stories reported by reputable sources. No charges have been filed as of publishing. The depiction of the individuals behind bars is political satire and commentary.
COUNT 1 — VIOLATION OF THE ANTIDEFICIENCY ACT
31 U.S.C. § 1341 — Antideficiency Act
Secretary McMahon directed the mass layoff of approximately half the Department of Education's workforce and the transfer of department functions to other agencies as part of a stated plan to achieve the "total shutdown" of the department. Only Congress has the legal authority to eliminate a cabinet department. Spending appropriated funds on the dismantlement of an agency that Congress has funded and mandated to operate may constitute a violation of the Antideficiency Act, which prohibits federal officers from authorizing expenditures exceeding or contrary to congressional appropriations.
- Washington Post: "McMahon Lays Off Half of Education Department in 'Total Shutdown' Plan" (May 20, 2025)
- New York Times: "McMahon Moves to Dismantle Education Department Without Congressional Approval" (May 21, 2025)
- Education Week: "Legal Experts Question McMahon's Authority to Dismantle Department" (May 2025)
COUNT 2 — VIOLATION OF THE ADMINISTRATIVE PROCEDURE ACT
5 U.S.C. § 706 — Administrative Procedure Act
Multiple lawsuits, including actions by state attorneys general, labor unions, and school districts, allege that McMahon's mass layoffs and program transfers violate the Administrative Procedure Act by implementing sweeping policy changes without required notice-and-comment rulemaking, exceeding statutory authority, and acting in a manner that is arbitrary and capricious.
COUNT 3 — IMPOUNDMENT OF APPROPRIATED FUNDS
2 U.S.C. §§ 684–685 — Impoundment Control Act
By laying off the staff responsible for administering congressionally funded education programs — including student loan servicing, Title I funding, and special education grants — Secretary McMahon has effectively impounded appropriated funds by rendering the department unable to distribute them.