CPB sues Trump over attempted firing of board members

CPB is suing President Trump and other administration officials over an email that aimed to terminate three of its board members.

The lawsuit, filed Tuesday in the U.S. District Court for Washington, D.C., said that board members Laura G. Ross, Diane Kaplan and Tom Rothman received emails Monday from the deputy director of presidential personnel for the executive office of the president that said their positions at CPB were terminated.

CPB and the board members are asking the court to declare that the email has no legal effect and to issue a temporary restraining order.

Lawyers for the parties appeared in court Tuesday afternoon. Judge Randolph D. Moss directed the government to file a response by May 6 and CPB to respond by May 9.

Another hearing is scheduled for 2 p.m. May 14, according to the court docket.

CPB argued in court filings that the president does not have authority over the nonprofit corporation.

“When Congress created the CPB, it stated clearly that the CPB is not ‘an agency or establishment of the United States Government,’” CPB said in court filings. “This alone demonstrates that the CPB is not an executive agency over which the President may exert plenary Article II powers. But Congress didn’t stop there—it also explicitly commanded that the CPB is to be completely free from government control.”

CPB also claimed the president only has the authority to nominate board members, with advice and consent from the Senate.

The motion for a temporary restraining order said the only way Congress created to remove board members is if they fail to attend at least half of the board meetings in any calendar year.

The terminations would leave CPB with just two board members, Chair Ruby Calvert and Liz Sembler. It would be short of the quorum needed to take actions.

CPB’s nine-member board already has four vacancies. Three nominations from President Joe Biden were returned to the president in early January under a Senate rule.

“Without a quorum, CPB will be effectively paralyzed, unable to carry out the tasks mandated by Congress,” the court filing said. “Not only would this jeopardize the mission and primary purpose of CPB, but it would also severely damage CPB’s reputation and goodwill among its industry partners.”

CPB also has “legitimate concerns” that the attempted terminations are the “first step” to seize its property, the motion said.

“CPB’s communications, financial records, and various other corporate documents are all CPB’s corporate property,” the motion said. “As such, CPB has a right to possess that property and not be deprived thereof by the government.”

“… As a result of the attempt to terminate its board members, the government has effectively seized CPB’s property by prohibiting the Board members from accessing CPB’s corporate property and directing its corporate affairs,” it added.

The legal dispute follows Rep. Marjorie Taylor Greene (R-Ga.) in March calling for the defunding and dismantling of CPB. News outlets also reported this month that the White House plans to ask Congress to rescind $1.1 billion previously appropriated to CPB.

This story has been updated with details about the timeline set for court filings and the May 14 hearing date set by Judge Moss.