Former President Trump's Team Seeks High Court Approval to Fire Leading Copyright Official
The ex- president's government on Monday petitioned the nation's highest court to allow the removal of the director of the US Copyright Office.
This emergency appeal comes roughly a month and a half after a national appellate court in Washington ruled that the official, Shira Perlmutter, could not be unilaterally dismissed.
Almost one month prior, the full District of Columbia circuit court refused to reconsider that ruling.
This legal matter is the latest in a series of cases concerning presidential power to appoint preferred leaders at government agencies.
The High Court has mostly permitted such dismissals, even as legal challenges continue.
However, this specific matter concerns an bureau inside the national library. Perlmutter serves as the register of copyrights and also counsels the legislature on intellectual property matters.
The government's top lawyer, D John Sauer, argued in the filing that, regardless of ties to Congress, the register “exercises executive power” in overseeing copyrights.
Perlmutter alleges she was terminated in May because the ex-leader disapproved with advice she gave to lawmakers in a document related to artificial intelligence.
She reportedly received an message from the White House informing her that her position was “ended effective immediately,” according to her staff.
A split appellate panel ruled that Perlmutter could retain her job while the case moves forward.
“The administration's alleged blatant meddling with the work of a Legislative Branch officer, as she performs legally approved responsibilities to counsel the legislature, strikes us as a violation of the division of government authority,” stated Judge Florence Pan for the appeals court.
Judge J Michelle Childs joined the ruling. Both judges were nominated to the appeals court by Democratic leader Joe Biden.
In dissent, Judge Justin Walker, a Trump appointee, argued that Perlmutter “exercises executive authority in a variety of manners.”
Perlmutter's attorneys have argued that she is a well-known copyright specialist. She has served as copyright director since former head librarian Carla Hayden selected her to the position in October 2020.
The former president named deputy attorney general Todd Blanche to succeed Hayden at the Library of Congress. The administration had dismissed Hayden amid criticism from right-leaning groups that she was promoting a “progressive” program.
