A judge denied a request for reinstatement Wednesday from the ousted head of the national copyright office, rejecting for now her claims that President Donald Trump had no right to fire her.
Shira Perlmutter was fired as register of copyrights earlier this month, an office housed inside the Library of Congress.
Perlmutter’s lawsuit names as lead plaintiff Deputy Attorney General Todd Blanche, whom Trump attempted to appoint as acting Librarian of Congress, alongside Trump and several other administration officials.
Kelly indicated he will hear arguments in the coming weeks on whether to grant a preliminary injunction blocking Trump and Blanche while the litigation plays out.
In the meantime, the leadership of the library and copyright office will remain in limbo.
The head of the national copyright office who was fired was denied reinstatement on Wednesday by a judge, who rejected her arguments that President Donald Trump lacked the authority to fire her.
Shira Perlmutter was dismissed earlier this month from her position as the Library of Congress’s register of copyrights. She claimed in a lawsuit last week that Trump and his associates went too far in appointing a new Librarian of Congress, who is the only official who has the authority to appoint and dismiss a copyright chief.
The court denied Perlmutter’s request for a temporary restraining order that would keep Trump’s appointees out of the Library of Congress and keep her in her position. S. . District Judge Timothy J. Kelly’s hearing on Wednesday saw him reject the bench’s motion.
In addition to Trump and a number of other administration officials, Deputy Attorney General Todd Blanche, whom Trump tried to designate as acting Librarian of Congress, is named as the primary plaintiff in Perlmutter’s lawsuit. Blanche and Co. are represented by Justice Department attorneys. stated that the Library of Congress is “under presidential control and is a part of the Executive Branch” in a court filing this week. “”.
The attorneys wrote, “The Library of Congress is not an independent institution free from political oversight.”.
As with any other federal agency with a chief who is appointed by the president and confirmed by the Senate, the White House contends that Trump has the power to designate an acting librarian and register of copyrights who can serve temporarily under the Federal Vacancies Reform Act.
The assertion is being questioned by prominent lawmakers on Capitol Hill, including some prominent Republicans, and it has led to a standoff at the Library of Congress regarding the attempted takeover.
Rep. Morelle, Joe (D-N. Yep. According to a statement from the top Democrat on the House Administration Committee, the arguments in the recent administration court filing are “illegal and unconstitutional attempts to wrest control of the Library and the Copyright Office from Congress and the American people.”. “.”.
According to Morelle, “the law is clear.”. Since the Library of Congress is a legislative branch organization, the president is powerless to choose an acting librarian or interfere with hiring decisions at the Library. “”.
Trump tried to replace Perlmutter as director of the Copyright Office, replacing Blanche as acting librarian, and appointing Paul Perkins as acting register of copyrights and Brian Nieves as acting assistant librarian.
The library appears to still be run by Robert Randolph Newlen, who took over as acting librarian as soon as Librarian of Congress Carla Hayden was fired. Blanche has not been spotted at the library or communicated with staff since the attempted takeover earlier this month.
Perlmutter’s request was not immediately granted by Kelly, but her lawsuit will still go forward. In the upcoming weeks, Kelly said he will hear arguments regarding whether to issue a preliminary injunction that would prevent Trump and Blanche from acting while the legal proceedings are ongoing.
The copyright office and library leadership will be in a state of uncertainty in the interim.
Perlmutter’s attorney wrote in a filing on Tuesday that “the Executive Branch will gain access to reams of confidential information that belongs to Congress and that Congress has zealously guarded from disclosure, as well as privately owned copyright deposits, if Mr. Blanche assumes the role of Acting Librarian of Congress.”.
A request for comments was turned down by the Republican chairs of the Senate and House committees in charge of the library’s oversight.
Sen. Padilla Alex (D-Calif. ), the Senate Rules Committee’s top Democrat, denounced the “unprecedented encroachment by the White House” and urged Congress to take bipartisan action to codify full congressional control of the library. “.”.
