Judge allows Trump's firings at Corporation for Public Broadcasting

A federal judge on Sunday shot down a demand for reinstatement by three members of the Corporation for Public Broadcasting whom President Trump fired in April.

U.S. District Judge Randolph Moss, an Obama appointee to the court in Washington, said that even with only two members left, the board is able to keep operating. As of now, it also has maintained its independence from the president, as called for in the law.

He said that still leaves open big questions about the fate of the board, but Mr. Trump’s firings don’t trigger them.

“For present purposes and on the present record, it is enough to conclude that 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,” he said.

CPB’s chief activities are funding public radio and television stations.

Under the law, it is not considered a government agency but rather a nonprofit chartered by Congress. It does receive more than $500 million in federal taxpayer funding to dole out to those stations.

Mr. Trump has called for stripping federal funding from public broadcasting, saying it has lost its mission.

In April he moved to fire Vice Chair Lauren G. Ross and members Thomas E. Rothman and Diane Kaplan from the board of directors. That left just Ruby Calvert, the current chair, and member Liz Sembler.

CPB sued, challenging the firings under both federal law and D.C. law governing nonprofits. They said the firings left the board with less than a quorum, and threatened its operations.

Judge Moss said he was sympathetic, but unconvinced.

He said there’s no evidence that the Trump administration is plotting a takeover.

He also said the way CPB is set up allows it to operate with a quorum of all currently sitting members, so even a board with just two people can conduct business.

Judge Moss also said CPB has since taken steps to insulate itself from any attempt to fire the remaining two members by changing its bylaws. And D.C. law would allow a new temporary board to be seated in the case Mr. Trump did actually fire the current remaining members.

Given that, the judge said, there was no legal harm over which to sue right now.

He said the board is free to pursue its case if there is some change in the administration’s treatment of the board’s independence.