“Upon careful consideration of the parties' submissions, ' their arguments during the hearing on the motions, and the plaintiffs' supplemental declarations, the Court concludes the
following: (1) the plaintiffs' removals were unlawful because although the plain text of the
PCLOB's organic statute does not include an express textual removal restriction, the Board's
structure and function clearly indicate that Congress intended to create such a restriction on the President's removal power; (2) the restriction as it applies to the plaintifis is constitutional; and
(3) the plaintiffs' requested declaratory and injunctive relief is both available and appropriate
under the circumstances presented to the Court in this case. Accordingly, the Court must grant the plaintiffs' motion for summary judgment and deny the defendants' cross-motion for
summary judgment.”
“In response to the 9/11 Commission Report, Congress created an independent,
multimember board of experts and tasked its members with the weighty job of overseeing the
government's counterterrorism actions and policies, and recommending changes to ensure that
those actions and policies adequately protect privacy and civil liberties interests. And, as the
Court has now concluded, that responsibility is incompatible with at-will removal by the
President, because 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. 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. And, when the President contravenes a statutory scheme designed by Congress to ensure that these interests are adequately protected, it is spocifically the "province and duty" of the independent Judiciary to "say what the law is." Marbury, S U.S. at 177. Fulfilling that obligation, the Court concludes for the foregoing reasons that it must grant the plaintifis' motion for summary judgment and deny the defendants' cross-motion for summary judgment.”
“ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 10 Plaintiffs' Motion for Summary Judgment is GRANTED. It is further ORDERED that the 12 Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment is DENIED. It is therefore DECLARED that the terminations of the plaintiffs, Travis LeBlanc and Edward Felten, were unlawful, in violation of 42 U.S.C. § 2000ee, and therefore null and void. It is further ORDERED that the plaintiff Travis LeBlanc remains a member of the Privacy and Civil Liberties Oversight Board ("PCLOB" or "the Board"), having been appointed by the President and confirmed by the Senate to a term expiring on January 29, 2028, and he may be removed by the President prior to expiration of his term only for cause. It is further ORDERED that the plaintiff Edward Felten remains a member of the PCLOB, having been appointed by the President and confirmed by the Senate to a term expiring on January 29, 2025, and being eligible to serve at his discretion until either his successor is confirmed or one year after the date of the expiration of his current term, i.e., January 29, 2026, whichever occurs first, and he may be removed by the President prior to expiration of his holdover term only for cause or upon the confirmation of a successor to his position on the Board. It is further ORDERED that the Privacy and Civil Liberties Oversight Board, defendant Beth A. Williams, defendant Jenny Fitzpatrick, and defendant Trent Morse, as well as their subordinates, agents, and employees, are ENJOINED from…”
Just in: A federal judge rules against Trump’s attempted purge of the Privacy and Civil Liberties Oversight Board, saying the firings of Travis LeBlanc and Ed Felten were illegal. The court voids the firings and orders the members be reinstated. 70 PAGES: storage.courtlistener.com/recap/gov.us...
