Former President Trump's Team Seeks High Court Permission to Fire Leading Intellectual Property Director
The ex- president's government on Monday petitioned the nation's highest court to allow the removal of the head of the US Copyright Office.
This emergency request comes about a month and a half after a national appellate court in Washington ruled that the director, Shira Perlmutter, could not be unilaterally fired.
Almost four weeks ago, the full District of Columbia circuit court declined to review that decision.
This legal matter is the latest in a series of disputes related to executive power to place chosen leaders at federal agencies.
The Supreme Court has mostly allowed such actions, even as court disputes continue.
However, this specific case involves an bureau within the national library. Perlmutter serves as the copyright registrar and also counsels Congress on copyright matters.
The government's top lawyer, D John Sauer, stated in the filing that, regardless of connections to the legislative branch, the register “exercises administrative power” in regulating copyrights.
Perlmutter claims she was terminated in May because the former president disapproved with recommendations she provided to Congress in a document concerning artificial intelligence.
She allegedly received an message from the administration informing her that her role was “terminated effective immediately,” as stated by her office.
A split appeals court panel ruled that Perlmutter could keep her position while the case proceeds.
“The administration's alleged blatant interference with the duties of a congressional officer, as she carries out legally authorized duties to counsel the legislature, appears to be a breach of the division of government authority,” wrote Justice Florence Pan for the appellate panel.
Judge J Michelle Childs joined the ruling. Both justices were appointed to the appellate court by Democrat leader Joe Biden.
In opposition, Justice Justin Walker, a former president's nominee, wrote that Perlmutter “uses administrative power in a variety of manners.”
Perlmutter's attorneys have argued that she is a well-known copyright expert. She has acted as register of copyrights since ex- head librarian Carla Hayden selected her to the role in October 2020.
The former president named assistant attorney general Todd Blanche to replace Hayden at the national library. The administration had dismissed Hayden amid criticism from right-leaning groups that she was advancing a “woke” agenda.