Trump Team Seeks High Court Permission to Fire Leading Copyright Official
The former president's administration on Monday requested the nation's highest court to allow the termination of the director of the US Copyright Office.
This urgent request follows about a month and a half after a federal appellate court in Washington ruled that the director, Shira Perlmutter, could not be solely dismissed.
Nearly four weeks prior, the full District of Columbia circuit court declined to reconsider that decision.
This legal matter is the latest in a series of cases concerning executive authority to place preferred heads at government offices.
The High Court has mostly permitted such actions, even as legal challenges continue.
However, this specific matter involves an office within the Library of Congress. Perlmutter serves as the copyright registrar and also advises the legislature on intellectual property matters.
The government's top lawyer, D John Sauer, argued in the legal document that, regardless of ties to Congress, the director “wields administrative authority” in overseeing copyrights.
Perlmutter claims she was terminated in May because the former president disagreed with recommendations she gave to Congress in a report concerning AI.
She allegedly got an message from the White House notifying her that her position was “terminated starting at once,” as stated by her office.
A divided appellate group ruled that Perlmutter could keep her job while the legal dispute proceeds.
“The administration's alleged blatant meddling with the work of a congressional official, as she performs statutorily authorized responsibilities to counsel Congress, appears to be a breach of the separation of powers,” wrote Judge Florence Pan for the appellate panel.
Justice J Michelle Childs supported the ruling. Both judges were appointed to the appeals court by Democrat leader Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, argued that Perlmutter “uses administrative power in a host of manners.”
Perlmutter's lawyers have argued that she is a well-known copyright specialist. She has served as register of copyrights since ex- librarian of Congress Carla Hayden selected her to the position in October 2020.
The ex-leader appointed deputy attorney general Todd Blanche to succeed Hayden at the national library. The administration had dismissed Hayden following complaints from conservatives that she was promoting a “progressive” program.