Democrats Ask Appeals Court to Strike Trump’s PCLOB Firings
A federal appeals court should rule that President Donald Trump lacks the authority to fire members of the Privacy and Civil Liberties Oversight Board (PCLOB), a bicameral group of Democrats wrote in an amicus brief on Monday (see 2507010059).
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Sens. Ron Wyden, D-Ore.; Richard Blumenthal, D-Conn.; and Ed Markey, D-Mass.; were among those who signed with Reps. Ted Lieu, D-Calif.; and Pramila Jayapal, D-Wash. They argued before the U.S. Court of Appeals for the District of Columbia Circuit that at-will removal is inconsistent with Congress’ “decision to insulate the PCLOB from presidential control.”
Allowing the firings would gut the board’s independence and effectiveness, they said: “No longer could Congress reliably conclude that the PCLOB’s reports and recommendations are nonpartisan, independent, and guided only by the facts, undermining its value as a legislative aid. With at-will removal power, the president could also remove members until the PCLOB falls below the quorum required to perform its core duties, crippling the Board and hampering congressional oversight.”