Latest news with #PCLOB
Yahoo
21-05-2025
- Politics
- Yahoo
Trump illegally fired surveillance watchdog agency's Democrats, judge rules
President Donald Trump illegally removed two Democratic members of a federal privacy oversight board, a federal judge ruled on Wednesday. Washington-based U.S. District Judge Reggie Walton ruled that Trump's firings of Travis LeBlanc and Ed Felten, two Democratic members on the Privacy and Civil Liberties Oversight Board was unlawful, stating that the board's structure was intended to have a restriction on the president's removal power. As a result, Walton ordered that LeBlanc and Felten remain as board members. "Such unfettered authority would make the Board and its members beholden to the very authority it is supposed to oversee on behalf of Congress and the American people," Walton, a George W. Bush appointee, said in his ruling. "To hold otherwise would be to bless the President's obvious attempt to exercise power beyond that granted to him by the Constitution and shield the Executive Branch's counterterrorism actions from independent oversight, public scrutiny, and bipartisan congressional insight regarding those actions." The case could have ramifications beyond the board, extending to the rest of the Trump administration's control of independent federal agencies. 'The Constitution gives President Trump the power to remove personnel who exercise his executive authority. The Trump administration looks forward to ultimate victory on the issue," White House spokesperson Harrison Fields said in response to the order. LeBlanc and Felten claimed the Trump administration violated 90-year-old Supreme Court precedent that upheld limits passed by Congress on the president's ability to fire independent agency members. President Donald Trump has targeted DEI as part of various executive orders, and Carr often echoes the president's complaints in his pledges to end any invidious forms of discrimination in the companies he regulates. Trump fired all Democrats, including its chair, Sharon Bradford Franklin, from the Privacy and Civil Liberties Oversight Board in January, leaving a single Republican member. Without at least a three-member quorum, PCLOB can't start new projects or issue official board reports, such as its reviews of the EU-US data privacy framework and government surveillance programs. Walton's order Wednesday means the board will have a quorum again. The board was created in 2007 as an independent executive branch agency to ensure that government surveillance did not curtail civil liberties and privacy rights in the wake of the Sept. 11, 2001, terrorist attacks. Although it has lacked a quorum for much of its history, the board has also provided key recommendations that led to the U.S. government ending its bulk phone data collection program and creating guardrails for other surveillance tools. 'We will abide by the court order. We understand the Department of Justice intends to appeal,' Alan Silverleib, a spokesperson for PCLOB, said in a statement. There are similar lawsuits accusing the Trump administration of illegally firing independent agency members at the Federal Trade Commission, the National Labor Relations Board, the Merit Systems Protection Board and the National Credit Union Administration. This decision could potentially have an effect on how those cases are decided. It comes amid an already unclear legal environment around Trump's firings. Last month, Chief Justice John Roberts granted the White House's request to halt lower court rulings that reinstated two members of other boards whom Trump also tried to fire without offering any justification for the dismissals. The temporary stay Roberts ordered April 9 remains in place more than 6 weeks later with no further action by the court. The lack of action has led many court-watchers to infer that the high court intends to let Trump's dismissal of those officials and others stand, at least until the court takes up the question of presidential firing powers in greater depth, perhaps in the fall. Josh Gerstein contributed to this report.
Yahoo
21-05-2025
- Politics
- Yahoo
Judge finds Trump's firing of Democrats on privacy oversight board unlawful
A federal judge on Wednesday ruled that President Trump's firing of two Democrats on the Privacy and Civil Liberties Oversight Board (PCLOB) were unlawful, deeming them 'null and void.' U.S. District Judge Reggie Walton said that PCLOB's 'responsibility' to oversee the government's counterterrorism actions and policies and recommend changes is 'incompatible' with at-will removal by the president. He invalidated Trump's firings of Travis LeBlanc and Edward Felten, two of PCLOB's three Democratic members, after determining that the board's structure and function 'clearly indicate' that Congress meant to restrict the president's removal power over its members. Trump also fired the third Democratic member, but her term was about to expire, so she did not join the other members' legal challenge. 'To hold otherwise would be to bless the President's obvious attempt to exercise power beyond that granted to him by the Constitution and shield the Executive Branch's counterterrorism actions from independent oversight, public scrutiny, and bipartisan congressional insight regarding those actions,' Walton wrote in a 71-page ruling. Trump fired the three Democrats just days after returning to the White House in January, bringing much of the board's work to a standstill. Established in response to the 9/11 Commission Report, following the 2001 terror attacks, the board was designed to ensure the government's work to fight terrorism is balanced with protections for civil liberties. The decision means that both LeBlanc and Felton can continue serving on the board until their terms end, unless the government appeals and a higher court rules differently. Several of Trump's firings have come under legal scrutiny, particularly regarding independent agency members. Most judges have deemed the firings unlawful, prompting appeals by the Justice Department. The government has an emergency application pending at the Supreme Court seeking to halt summary judgment rulings reinstating fired Democrats on the National Labor Relations Board and Merit Systems Protection Board. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Politico
21-05-2025
- Politics
- Politico
Trump illegally fired surveillance watchdog agency's Democrats, judge rules
President Donald Trump illegally removed two Democratic members of a federal privacy oversight board, a federal judge ruled on Wednesday. Washington-based U.S. District Judge Reggie Walton ruled that Trump's firings of Travis LeBlanc and Ed Felten, two Democratic members on the Privacy and Civil Liberties Oversight Board was unlawful, stating that the board's structure was intended to have a restriction on the president's removal power. As a result, Walton ordered that LeBlanc and Felten remain as board members. 'Such unfettered authority would make the Board and its members beholden to the very authority it is supposed to oversee on behalf of Congress and the American people,' Walton, a George W. Bush appointee, said in his ruling. 'To hold otherwise would be to bless the President's obvious attempt to exercise power beyond that granted to him by the Constitution and shield the Executive Branch's counterterrorism actions from independent oversight, public scrutiny, and bipartisan congressional insight regarding those actions.' The case could have ramifications beyond the board, extending to the rest of the Trump administration's control of independent federal agencies. 'The Constitution gives President Trump the power to remove personnel who exercise his executive authority. The Trump administration looks forward to ultimate victory on the issue,' White House spokesperson Harrison Fields said in response to the order. LeBlanc and Felten claimed the Trump administration violated 90-year-old Supreme Court precedent that upheld limits passed by Congress on the president's ability to fire independent agency members. President Donald Trump has targeted DEI as part of various executive orders, and Carr often echoes the president's complaints in his pledges to end any invidious forms of discrimination in the companies he regulates. A board with no quorum to act: Trump fired all Democrats, including its chair, Sharon Bradford Franklin, from the Privacy and Civil Liberties Oversight Board in January, leaving a single Republican member. Without at least a three-member quorum, PCLOB can't start new projects or issue official board reports, such as its reviews of the EU-US data privacy framework and government surveillance programs. Walton's order Wednesday means the board will have a quorum again. The board was created in 2007 as an independent executive branch agency to ensure that government surveillance did not curtail civil liberties and privacy rights in the wake of the Sept. 11, 2001, terrorist attacks. Although it has lacked a quorum for much of its history, the board has also provided key recommendations that led to the U.S. government ending its bulk phone data collection program and creating guardrails for other surveillance tools. 'We will abide by the court order. We understand the Department of Justice intends to appeal,' Alan Silverleib, a spokesperson for PCLOB, said in a statement. What's next: There are similar lawsuits accusing the Trump administration of illegally firing independent agency members at the Federal Trade Commission, the National Labor Relations Board, the Merit Systems Protection Board and the National Credit Union Administration. This decision could potentially have an effect on how those cases are decided. It comes amid an already unclear legal environment around Trump's firings. Last month, Chief Justice John Roberts granted the White House's request to halt lower court rulings that reinstated two members of other boards whom Trump also tried to fire without offering any justification for the dismissals. The temporary stay Roberts ordered April 9 remains in place more than 6 weeks later with no further action by the court. The lack of action has led many court-watchers to infer that the high court intends to let Trump's dismissal of those officials and others stand, at least until the court takes up the question of presidential firing powers in greater depth, perhaps in the fall. Josh Gerstein contributed to this report.
The Hill
21-05-2025
- Politics
- The Hill
Judge finds Trump's firing of Democrats on privacy oversight board unlawful
A federal judge on Wednesday ruled that President Trump's firings of two Democrats on the Privacy and Civil Liberties Oversight Board (PCLOB) were unlawful, deeming them 'null and void.' U.S. District Judge Reggie Walton said that PCLOB's 'responsibility' to oversee the government's counterterrorism actions and policies and recommend changes is 'incompatible' with at-will removal by the president. He invalidated Trump's firings of Travis LeBlanc and Edward Felten, two of PCLOB's three Democratic members, after determining that the board's structure and function 'clearly indicate' that Congress meant to restrict the president's removal power over its members. Trump also fired the third Democratic member, but her term was about to expire, so she did not join the other members' legal challenge. 'To hold otherwise would be to bless the President's obvious attempt to exercise power beyond that granted to him by the Constitution and shield the Executive Branch's counterterrorism actions from independent oversight, public scrutiny, and bipartisan congressional insight regarding those actions,' Walton wrote in a 71-page ruling. Trump fired the three Democrats just days after returning to the White House in January, bringing much of the board's work to a standstill. Established in response to the 9/11 Commission Report, following the 2001 terror attacks, the board was designed to ensure the government's work to fight terrorism is balanced with protections for civil liberties. The decision means that both LeBlanc and Felton can continue serving on the board until their terms end, unless the government appeals and a higher court rules differently. Several of Trump's firings have come under legal scrutiny, particularly regarding independent agency members. Most judges have deemed the firings unlawful, prompting appeals by the Justice Department. The government has an emergency application pending at the Supreme Court seeking to halt summary judgment rulings reinstating fired Democrats on the National Labor Relations Board (NLRB) and Merit Systems Protection Board (MSPB).
Yahoo
28-01-2025
- Politics
- Yahoo
Trump fires all 3 Democrats on privacy oversight board
President Trump on Monday fired all three Democrats on the Privacy and Civil Liberties Oversight Board (PCLOB), bringing much of its work to a standstill. The move guts a board designed to ensure the government's work to fight terrorism is balanced with protections for civil liberties. The White House informed the three Democrats on the board on Thursday it was seeking their resignation, but the members were officially terminated Monday. It's an action that removes some voices on the panel critical of some foreign surveillance actions — a detail that often had them aligned with right-wing Republicans who wish to curtail such programs. It also stands to diminish oversight of the intelligence community. PCLOB confirmed the dismissals and indicated it would need new members to continue its work. 'The White House terminated Chair Sharon Bradford Franklin, and Members Ed Felten and Travis LeBlanc from their positions as of 5 p.m. last Thursday. The agency, however, has significant ability to continue functioning with its full staff and remaining Member Beth Williams to continue the Board's important mission, including its advice and oversight functions, and its current projects,' PCLOB spokesperson Alan Silverleib said in a statement. 'The Board looks forward to moving ahead on additional projects formally following the nomination, confirmation, and appointment of new Members.' While the control of the board shifts to reflect the party of the president, PCLOB should still have two Democratic members. The board's Democratic members in 2023 released a report critical of Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless spying on foreigners located abroad. While that reflected a partisan divide on the board, the move left the panel's Democrats aligned with right-leaning congressional Republicans and other privacy-minded lawmakers who have advocated for adding a warrant provision before reviewing any information incidentally collected on Americans. LeBlanc on Monday said the trio of firings spelled bad news for those invested in privacy concerns and oversight of the intelligence community. 'The Board's independence is crucial to ensuring that the President, Congress, and the public receive honest, expert, and complete information about the nation's most highly classified programs and activities,' he said in a statement. 'Today, I regret that the Board's partisan shift will ultimately undermine not only the mission of the agency, but public trust and confidence in the ability of the government to honor privacy rights, respect civil liberties, honestly inform the public, and follow the law. Oversight is tough work, but it is absolutely essential to accountability in a democracy.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
