A federal appeals court gave President Trump tentative approval Tuesday to move ahead with firing members of a watchdog privacy board, saying a president shouldn’t be saddled with underlings he doesn’t want.
The three-judge panel issued a stay of a lower court ruling that had found the firings illegal. The stay means Mr. Trump can oust the members while the case continues to wind its way through the courts.
At issue is the Privacy and Civil Liberties Oversight Board, formed in the wake of the 2001 terrorist attacks to serve as a check on the government as it moved to enhance security.
The board had two Democrats and one Republican as members when Mr. Trump took over, and he moved to fire the two Democrats.
Judge Reggie B. Walton, a George W. Bush appointee in Washington, ruled that move illegal in May. He said they could only be booted for good cause, and Mr. Trump didn’t offer any reason.
But the appeals court, in an unsigned opinion, said Mr. Trump didn’t have to give a reason because the law doesn’t require it.
And they said under the Constitution, a president must have the freedom to select his key officers.
“Injunctions that require the president to work with removed principal officers interfere with his constitutional power to supervise the Executive Branch. Such interference is ‘obviously disruptive’ and inflicts irreparable injury,” the panel said.
The case is the latest in a string of Trump firings that were blocked by lower courts but restored by higher judges.
