WASHINGTON—In a complicated legal opinion that provides a mixed message regarding the legality of the Trump administration's attempts to fire CPB board members, U.S. District Court Judge Randolph Moss issued an opinion that appears to recognize the independence of the Corporation of Public Broadcasting while denying a request for a preliminary injunction against the firings.
In April the Trump administration fired three CPB directors, Laura G. Ross, Thomas E. Rothman, and Diane Kaplan, prompting them to file a lawsuit to block the move. They argued that the CPB was established as an independent corporation and Trump had no authority to fire board members.
In April, the judge granted a temporary injunction so the two sides could present arguments. On June 8, judge Moss issued a decision denied a preliminary injunction.
That ruling argued the “Plaintiffs have failed to carry their burden of demonstrating that they are likely to prevail on the merits of their claim for injunctive relief or that Plaintiffs are likely to suffer irreparable harm in the absence of preliminary relief.”
However, the ruling, which allowed the case to continue, spent considerable space discussing the creation of the CPB. Based on that history, the judge concluded that “Congress intended to preclude the President (or any subordinate officials acting at his direction) from directing, supervising, or controlling the Corporation," which would seem to confirm the CPB's argument that it is an independent entity outside presidential control.
The Court further recognized that under the D.C. nonprofit act, the bylaws of the CPB prohibit any person or authority, including the president of the United States, from removing a director without a two-thirds vote by the other directors supporting the firings.
Based on that language, the CPB has issued a press release saying it has “taken steps to affirm that the three individuals whom the President purported to remove, Laura G. Ross, Thomas E. Rothman, and Diane Kaplan, are, remain, and shall continue to be directors of the Board of Corporation for Public Broadcasting.”
“We are very pleased that the Court recognized CPB is a independent, nonprofit corporation, free from governmental control or influence. CPB, board and management, look forward to continuing our work with policymakers and other stakeholders to ensure accurate, unbiased and nonpartisan public media is available for all Americans,” stated Patricia Harrison, president and CEO of CPB.
The Trump administration is also attempting to eliminate the CPB, claw back funding that has already been approved and reduce future CPB funding to the minimum level needed to shut down the CPB.
