The federal District Court for the District of Columbia (Reggie B. Walton) has granted summary judgment to two ousted directors of the U.S. Privacy and Civil Liberties Oversight Board and ordered their reinstatement to their positions.
Reviewing extensively the history of the Board and its fundamental changes in structure following the 9/11 Commission report, the Court concluded that the plaintiffs’ removals were unlawful because “the Board’s structure and function clearly indicate that Congress intended to create … a restriction on the President’s removal power,” the restriction is constitutional, and the plaintiffs’ requested declaratory and injunctive relief is both available and appropriate.
In a lengthy opinion, the Court granted the plaintiffs’ motion for summary judgment and denied the defendants’ cross-motion for summary judgment. (LeBlanc v. U.S. Privacy and Civil Liberties Oversight Board, D. DC, No. 250542, 5/21/25.)
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