Trump Administration’s Attempt to Oust CPB Board Members

Background

In April, President Donald Trump attempted to fire three Democratic members of the Corporation for Public Broadcasting (CPB) board, namely Laura Ross, Thomas Rothman, and Diane Kaplan. This move is similar to his efforts to remove Democrats from other organizations, such as the Federal Trade Commission and the Kennedy Center. However, the three board members have refused to leave their positions.

Legal Battle

The CPB and its board members responded by suing the Trump administration, arguing that the organization is a private corporation and its board members cannot be removed by the government. The CPB also amended its bylaws to prevent board members from being removed and to block any Trump-appointed members they do not want. Although a judge rejected the CPB’s request for an injunction to prevent the firings, the organization claims a victory as the judge acknowledged that the CPB has legal grounds for rejecting the firings based on corporate law.

Trump Administration’s Lawsuit

The Trump administration has filed a lawsuit against the three board members, arguing that they have been "usurping and purporting to exercise unlawfully the office of board member of the Corporation for Public Broadcasting" and accusing them of continuing to operate in office despite their removal. The Department of Justice is seeking the removal of the board members and is attempting to recover salary paid to them during the period they have been in limbo.

Relevant Supreme Court Ruling

The DOJ is citing a recent Supreme Court ruling, which found that the President has the power to remove agency heads without cause, as part of its argument. This ruling, issued in an unsigned order, stemmed from Trump’s removal of the heads of the National Labor Relations Board and the Merits Systems Protection Board.

Implications

The lawsuit may be the first test of the Supreme Court’s ruling. The outcome is uncertain, but if the Trump administration is successful, it could have significant implications for the CPB and its ability to operate independently. Meanwhile, Congressional Republicans are pushing to defund NPR and PBS, which could further impact the CPB’s operations. For now, the three board members remain in their positions, overseeing the organization that is home to beloved characters like Big Bird.