Judge: Trump Can’t Dismiss Board Members ‘At Will’

WASHINGTON — On Tuesday, a federal judge declared that former President Donald Trump was not within his legal rights to try and dismiss a member of an independent board tasked with safeguarding federal employees against political retaliation and protecting whistleblowers. The Merit Systems Protection Board (MSPB) member, Cathy Harris, who was appointed under President Joe Biden, filed a lawsuit to maintain her position after receiving a termination notice from the White House.

The ruling by U.S. District Judge Rudolph Contreras specified that Trump lacked the authority to remove Harris from her post “at will.” The dismissal attempt was deemed unlawful because it was not based on grounds of “inefficiency, neglect of duty, or malfeasance in office,” as specified in conditions for removal.

In his written decision, Judge Contreras asserted that Harris faced a significant compromise to her independence due to the termination attempt. He suggested that future similar attempts would similarly threaten the board’s autonomy. Nominated by President Barack Obama, Judge Contreras has been serving since 2012 and had earlier stepped in with a temporary restraining order aimed at ensuring Harris’s continued leadership until the court issued a final decision. This order was made permanent following a recent hearing.

Cathy Harris, who began chairing the board in March 2022, was slated to serve until March 2028. However, on February 12, she was informed of her removal. Unfortunately, Raymond Limon, another board member, retired shortly thereafter. Harris’ legal team argued that the Constitution grants the President the ability to remove board members only for specific failures or misconduct, which were not cited in the brief email that informed Harris of her dismissal.

“This is not a complex constitutional question; the law is clear, and the Supreme Court has not found it otherwise,” wrote the attorneys for Harris in a court submission. Meanwhile, government lawyers countered, stating that the judiciary did not have the jurisdiction to reinstate Harris or forbid the President from appointing her replacement.

“The American public chose President Trump to head the executive branch,” they contended, “and he has judged that retaining Harris is not in their best interest. This decision, based on democratic principles, should be upheld.”

Under the board’s jurisdiction, its administrative judges render around 5,000 rulings per year. Recently, new executive orders concerning federal employees issued by Trump have triggered an increase in new appeals, Harris’ attorneys highlighted.

“It’s critical, now more than ever, for the Board’s impartiality to be genuine and recognizable,” they urged, stressing the necessity for public, judicial, and civil servant confidence in the Board’s capacity to operate without prejudice or favoritism.

The board comprises three members, all nominated by the President and confirmed by the Senate, serving terms of seven years each. Importantly, no more than two members are permitted to belong to the same political party.