The Corporation for Public Broadcasting (CPB), its Board of Directors, and three of its members have filed suit against President Donald J. Trump and several administration officials, alleging that the President’s attempt to remove the board members is unlawful and an overreach of executive power.
The lawsuit, filed today in the United States District Court for the District of Columbia, seeks a judicial declaration that an email sent on April 28, 2025, purporting to terminate the positions of Laura G. Ross, Thomas E. Rothman, and Diane Kaplan, is legally invalid.
The complaint asserts that the CPB, established by Congress in the Public Broadcasting Act of 1967, was intentionally structured as a private, non-profit corporation to shield it from government interference and control. The plaintiffs argue that the Act explicitly denies the President the authority to remove board members, outlining specific protections to ensure the CPB’s autonomy.
According to the court documents, the Public Broadcasting Act states that the CPB “will not be an agency or establishment of the United States Government” and that its board members “shall not, by reason of such membership, be deemed to be officers or employees of the United States.” The lawsuit further highlights that the Act only specifies one condition for a board member to forfeit their position – failing to attend at least 50 percent of board meetings in a calendar year, a condition the plaintiffs assert does not apply in this situation.
The complaint also points to the legislative history of the Act, emphasizing Congressional intent to create an entity “free of political pressures” and insulated from government control over programming decisions. The plaintiffs note that even the U.S. Government Manual, an official handbook of the federal government, does not list the CPB as a governmental or quasi-governmental agency.
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In addition to the CPB and the full Board of Directors, individual board members Laura G. Ross, Thomas E. Rothman, and Diane Kaplan are named as plaintiffs in their official capacities. The defendants include President Donald J. Trump in his official capacity, Trent Morse (Deputy Director of Presidential Personnel), the United States Office of Management and Budget, Russell Vought (Director of OMB), the White House Presidential Personnel Office, and Sergio Gor (Director of the White House Presidential Personnel Office).
The lawsuit outlines four counts for relief:
- Declaratory Judgment Act: Seeking a court declaration that the email purporting to remove the board members is of no legal effect.
- Violation of the Administrative Procedure Act: Arguing that the President’s action is not in accordance with the law and exceeds his statutory authority.
- Violation of Separation of Powers/Ultra Vires Presidential Action: Contending that the attempted removal unlawfully usurps Congressional legislative authority and exceeds the President’s constitutional powers.
- Violation of the Presentment, Appropriations, and Take Care Clauses: Asserting that the President’s action constitutes a unilateral repeal or amendment of the Public Broadcasting Act, which he lacks the authority to undertake.
The plaintiffs argue that the President’s action disregards the carefully constructed framework established by Congress to protect public broadcasting from political influence. They also draw parallels to a recent situation involving the United States Institute of Peace (USIP), another congressionally-created organization where the Trump administration attempted to remove board members, leading to a forceful entry into USIP’s headquarters. The plaintiffs express concern that similar irreparable harm, including the disruption of CPB’s mission, exposure of sensitive information, and loss of public trust, could occur if the President’s actions are not blocked.
The lawsuit seeks a temporary restraining order to prevent the defendants from taking any actions to give effect to the purported termination of the board members or otherwise interfere with the governance and operations of the CPB.
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