Fired PCLOB Member Monitoring Parallel Legal Battles With Trump

During a George Washington Law School event, LeBlanc said he and fired board member Ed Felten have retained legal representation at Arnold & Porter. They’re considering options and monitoring legal challenges against President Donald Trump for his removal of federal officials.

LeBlanc noted that Special Counsel Hampton Dellinger, whom Trump fired on Feb. 7, is again at his job after winning a preliminary ruling from a federal judge granting a temporary restraining order. The Office of the Special Counsel protects federal whistleblowers from retaliation. Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia granted Dellinger’s TRO on Feb. 12, and the U.S. Court of Appeals for the D.C. Circuit declined to intervene. DOJ has requested U.S. Supreme Court review.

Asked about possible reinstatement at PCLOB, LeBlanc said, “I don’t know. We are exploring our legal options.” He noted a separate lawsuit from recently fired National Labor Relations Board member Gwynne Wilcox is pending. He added that DOJ’s position on the firings is clear given its intention to seek a Supreme Court reversal of Humphrey’s Executor v. U.S. (see 2502200060).

“There’s a lot in flux right now,” he said. “It’s clear that the administration is opposed to for-cause removal. It remains to be seen what the courts will ultimately decide, but in the one case that has been decided, Hampton Dellinger is right now back in his office.”

LeBlanc said the PCLOB firings have gained the attention of European privacy officials. The PCLOB has an important role in certifying U.S. compliance with the EU-U.S. Data Privacy Framework (DPF), and without a quorum, the board can’t make official recommendations or conduct independent oversight, LeBlanc noted. A parliamentary question from European Parliament member Raquel García Hermida-van der Walle asked whether U.S. data privacy protections are adequate in light of the PCLOB firings. “Does the Commission share concerns about the lack of independence of PCLOB, following the direct interference and removal of three members by the Trump administration?” she asked.

“This is a big issue,” said LeBlanc. “There’s no question that the Europeans are reacting not well to this development.”

The PCLOB’s credibility comes from having a diverse, bipartisan board, he said. Members of boards and commissions shouldn’t have to worry about job security when voicing opinions that don’t align with the president, he said. He noted “pendulums” swing both ways and suggested Republicans would oppose a Democratic administration removing officials from the minority party.

LeBlanc’s term was set to expire in January 2028, but he could have remained in office through 2029 on a one-year holdover period.