[nickysielicki]

That would be illegal and ripe for corruption. It would also require the DoD to renegotiate the thousands of existing defense contract it has outstanding.

That’s the entire reason this law exists, because what you’re suggesting is impractical. The department has to confidentially document its rationale for marking a company as a supply chain risk. It’s in the confidential record of this very court case. That’s the legal way to do this.

[dathery]

Again, did you read the order? The judge's order explicitly said this would be legal and cites the law permitting it, then goes on to explain why this action did not satisfy it:

> Covered procurement actions include “[t]he decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor . . . to exclude a particular source from consideration for a subcontract.” 10 U.S.C. § 3252(d)(2)(C).

I strongly suggest reading the order. I have included the link again: https://storage.courtlistener.com/recap/gov.uscourts.cand.46...

[nickysielicki]

You can’t be serious…

Covered procurement actions are the things the Secretary can do after making a supply chain risk designation under 3252. The designation is a prerequisite. You can’t direct a contractor to exclude a subcontractor under (d)(2)(C) without first going through the 3252 determination process.

You’re literally posting evidence for why this is the only legal avenue for DoD. Yes, I’ve read everything on courtlistener. I trust you have as well, but did you understand any of it?!

This site keeps getting dumber and dumber.

[etchalon]

Yes, it turns out our laws make it hard for the government to do a lot of things because making it easy for them to do things leads to some deeply authoritarian bullshit.

[nickysielicki]

What a beautiful/horrifying inversion of logic. The government does it the legal way, through an existing law, and you’re short circuiting and pattern matching to “the government is trying to work around the law”.

The DoD is not trying to sneak its way out of behaving legally. On the contrary, they’re doing it the legal way and you’re suggesting that they could just do it the illegal way.

[thereticent]

Again, you of undue certainty: the government attempted this potentially legal avenue, and it was adjudicated as impermissible. Meaning what they tried didn't work. Why are you acting like no one else here understands what has happened? Probability dictates that you are almost certainly not the smartest person in the room.

[nickysielicki]

It wasn’t “adjudicated as impermissible”. You’re misunderstanding what a preliminary injunction represents. It’s right there in the name: preliminary. It’s preliminary because it precedes the actual real adjudication.

> Why are you acting like no one else here understands what has happened?

Because you clearly don’t? Because nobody who has a remote understanding of the legal system would be stupid enough to suggest that a San Francisco district court judge preliminary injunction decision would carry enough weight to dictate DoD procurement during an active hot war.

[etchalon]

The DOD is labeling a domestic company a supply chain risk - label generally reserved for hostile foreign powers and their cooperators - because that domestic company didn't agree to its contract terms.

Judge Lin's order finds that it do so specifically to harm that company, without due process and without the remedies Congress specifically requested be used when it drafted the law. The DOD was, in essence, using a law illegally.

The version of events you present does not seem to be tethered to reality.