Judge denies CPB’s motion for emergency relief in board removal case 

A federal judge has declined to grant emergency relief that would have temporarily kept the Trump administration from taking action to terminate three CPB board members. 

CPB sued Trump and other administration officials in April after the deputy director of presidential personnel for the executive office of the president told board members Laura G. Ross, Diane Kaplan and Tom Rothman in an email that their CPB positions were terminated.

In an opinion and order released Sunday, U.S. District Judge Randolph D. Moss denied CPB a preliminary injunction against the Trump administration. He wrote that CPB failed to demonstrate that it was likely to prevail on the merits of its claim for injunctive relief or that it was likely to “suffer irreparable harm” without a preliminary injunction. 

But CPB CEO Patricia Harrison has taken steps to affirm that Ross, Rothman and Kaplan will continue to be directors on its board, according to a CPB news release. Harrison has signed a document affirming that they remain on the board, according to a CPB spokesperson.

Moss said most of CPB’s briefing, first filed April 29, “focuses on the question of whether the Corporation is a governmental or a private entity, and that question may have some bearing on later rounds of the litigation.”

“At this point, however, the Court is not yet persuaded that Plaintiffs are entitled to prevail on the merits, even if the Corporation is, in relevant respects, a private, nonprofit corporation that Congress intended to insulate from governmental interference,” he wrote.

However, Moss denied the motion for a preliminary injunction “without prejudice to Plaintiffs renewing their motion” should Trump or others attempt to interfere with CPB’s independence.

In its news release, CPB noted that Moss recognized CPB’s independence.

“We are very pleased that the Court recognized CPB is an independent, nonprofit corporation, free from governmental control or influence,” Harrison said in the release. “CPB, board and management, look forward to continuing our work with policymakers and other stakeholders to ensure accurate, unbiased and nonpartisan public media is available for all Americans.”

In his order, Moss pointed out that in its claims of potential “irreparable injury,” CPB cited a possible “invasion” of its premises. Receiving an email from the Department of Government Efficiency about getting a DOGE team assigned to CPB was not enough to establish risk for irreparable harm, Moss wrote. 

“Although Plaintiffs’ concern that the other shoe may be about to drop is understandable, it does not support their claim of irreparable harm,” Moss wrote. “To date, there is no indication that the Corporation’s premises are at risk of ‘invasion’ or that, notwithstanding the clear statutory prohibition, any department or agency is threatening to take over or otherwise control the Corporation.”

Moss also addressed a D.C. law that states: “Except as otherwise provided in the articles of incorporation or bylaws, a director who is appointed by persons other than the members may be removed with or without cause by those persons.”

Moss wrote that at the time that the three CPB directors were “purportedly removed,” neither CPB’s bylaws nor its articles of incorporation “spoke to the issue of removal at all.”

“Second, it follows that, as the appointing authority, the President was (at that time) authorized to remove the directors, at least pursuant to D.C. law,” Moss wrote. 

He also noted that CPB has since amended its bylaws to say that no one, including the president, can remove its directors without a vote of approval from at least two-thirds of the other directors. CPB changed its bylaws in May following a hearing where Moss suggested such a move. 

This story has been updated to add that CPB CEO Patricia Harrison has signed a document affirming that Laura G. Ross, Diane Kaplan and Tom Rothman remain on CPB’s board.