Trump government files lawsuits against members of the CPB board in a fresh effort to force their dismissals
In a continuation of a months-long legal fight, the Trump administration has filed a new lawsuit against three members of the Corporation for Public Broadcasting (CPB) board who have refused to step down after being attempted to be fired by the President.
The lawsuit, filed in US District Court in Washington, seeks to affirm President Donald Trump's power to remove members of the CPB board under the Public Broadcasting Act and Article II of the Constitution. The administration is requesting the court to void any actions taken by the three board members - Laura Ross, Diane Kaplan, and Tom Rothman - since their dismissals were directed in late April.
The CPB board members, however, argue that the president does not have the power to fire them. They maintain that while the president has the power to appoint the organization's board members, there is no provision in the law that allows Trump to remove them. The CPB board changed its bylaws in May to only allow the ouster of sitting board members with the concurrence of two-thirds of the board.
The government's new suit also seeks a court order declaring that the three board members do not lawfully serve as CPB board members. Additionally, the administration is asking for the refund of any salary paid to the three board members since their dismissals.
The legal fight between the administration and the CPB board members continues to unfold, with Judge Randolph Moss taking on the new case. In a previous ruling, Judge Moss declined to grant a preliminary injunction on behalf of the three CPB board members. The defendants in the case have not been successful in preliminary injunctions, and the court has held that they are unlikely to succeed on the merits of their challenge to their removal.
The CPB is the entity that funds the nation's public radio and television stations. Despite the court's stance, the CPB continues to recognize the members as part of the board, highlighting the organization's independence.
The ongoing legal challenges could lead to clearer precedents regarding the president's authority to remove appointees from independent agencies like the CPB. The legal fights are part of a broader effort to frame legal questions surrounding the president's power to remove appointees from independent agencies.
Meanwhile, the Senate is debating a rescissions package that aims to strip the Corporation for Public Broadcasting of two years' funding. The fate of the CPB and its board members remains uncertain, as the legal battle continues to unfold.
- The ongoing legal battles over the removal of CPB board members by President Donald Trump are not only confined to the courts; they also extend to the political arena, as the Senate is currently debating a rescissions package that aims to cut the CPB's funding.
- The Trump administration's latest lawsuit against CPB board members involves policy-and-legislation, as it seeks to affirm the President's power to remove board members under the Public Broadcasting Act and Article II of the Constitution, and requests a court order for the refund of salaries paid to the board members in question.
