A U.S. federal judge has ruled against President Donald Trump’s administration in its attempt to dismiss two Democratic members of an independent agency tasked with overseeing privacy and civil liberties, delivering a blow to executive overreach.
The decision by Judge Reggie B. Walton, delivered on May 21, settles a legal challenge filed in February by Travis LeBlanc and Edward Felten, two of the three Democratic members of the Privacy and Civil Liberties Oversight Board (PCLOB)—a body created by Congress after the September 11, 2001 attacks.
“The Constitution gives President Trump authority to remove personnel exercising his executive power,” said White House spokesperson Harrison Fields, while expressing hope for a final victory.
Judge Walton’s Landmark Ruling
However, Judge Walton ruled that allowing the president to remove board members at will would undermine the board’s independence, rendering it subordinate to the very executive it is meant to oversee.
“To allow otherwise would be to bless an overt attempt by the president to wield power beyond the bounds granted to him by the Constitution,” wrote Walton.
He added that this would shield anti-terrorism operations from independent oversight, public scrutiny, and bipartisan congressional review.
Walton acknowledged that PCLOB’s founding statute does not explicitly protect its members from dismissal without cause, but emphasized that its structure and function make clear Congress intended to limit presidential dismissal powers.
Background and Implications
LeBlanc and Felten argued that firing board members without cause would create a chilling effect, discouraging members from issuing honest and independent critiques of executive actions.
A third Democratic member was also dismissed but did not join the lawsuit due to having only two days left in her term.
Currently, the board—intended to have five members—has just one Republican-appointed member remaining, raising concerns about its ability to function as an effective oversight body.
