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Chris Geidner

Chris Geidner
@chrisgeidner@journa.host

Föderation EN Di 04.03.2025 17:57:42

BREAKING: Federal judge finds that Trump's effort to fire Cathy Harris as a member of the Merit Systems Protection Board was illegal, issues a declaratory judgment that she remains in office and a permanent injunction against her removal unless Trump follows the removal provisions.

Because the MSPB falls within the scope of Humphrey's Executor, Congress has the power to specify that members of the MSPB may serve for a term of years, with the President empowered to remove those members only for inefficiency, neglect of duty, or malfeasance in office. The President thus lacks the power to remove Harris from office at will. Because the President did not indicate that he sought to remove Harris for inefficiency, neglect of duty, or 15 Case 1:25-cv-00412-RC Document 40 Filed 03/04/25 Page 16 of 35 malfeasance in office, his attempt to terminate her was unlawful and exceeded the scope of his authority.'

DECLARED that Plaintiff Cathy A. Harris remains a member of the Merit SystemsProtection Board, having been confirmed by the Senate on May 25, 2022, and sworn in on June 1, 2022, and that she may be removed by the President prior to the expiration of her term inoffice only for inefficiency, neglect of duty, or malfeasance in office pursuant to 5 U.S.C.§ 1202; and it isFURTHER ORDERED that Plaintiff Cathy A. Harris shall continue to serve as amember of the Merit Systems Protection Board until her term expires pursuant to 5 U.S.C.§ 1202, unless ... removed for inefficiency, neglect of duty, or malfeasance. Defendants ... are ENJOINED from removing Harris from her office without cause or in any way treating her as having beenremoved without cause, denying or obstructing Harris's access to any of the benefits or resourcesof her office, placing a replacement in Harris's position, or otherwise recognizing any otherperson as a member of the Merit Systems Protection Board in Harris's position

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