Former President Trump's Team Asks High Court Permission to Fire Top Intellectual Property Director

The former president's government on Monday petitioned the nation's highest court to allow the termination of the director of the US Copyright Office.

This emergency appeal follows about six weeks after a federal appeals court in Washington ruled that the director, Shira Perlmutter, cannot be unilaterally fired.

Nearly one month ago, the entire District of Columbia circuit court declined to reconsider that decision.

This case is the most recent in a line of cases related to presidential power to appoint preferred leaders at government agencies.

The Supreme Court has mostly permitted such actions, even as legal disputes continue.

However, this specific case concerns an office within the national library. Perlmutter acts as the copyright registrar and also counsels the legislature on copyright matters.

The government's top lawyer, D John Sauer, argued in the filing that, regardless of connections to the legislative branch, the director “exercises administrative authority” in regulating copyrights.

Perlmutter alleges she was terminated in May because the former president disagreed with advice she gave to Congress in a report related to artificial intelligence.

She reportedly got an email from the administration informing her that her position was “ended effective immediately,” as stated by her office.

A split appeals court group ruled that Perlmutter could keep her position while the legal dispute moves forward.

“The Executive's alleged blatant interference with the duties of a congressional officer, as she performs legally approved responsibilities to counsel Congress, appears to be a breach of the division of government authority,” stated Justice Florence Pan for the appeals court.

Justice J Michelle Childs joined the ruling. Both judges were nominated to the appellate court by Democratic leader Joe Biden.

In dissent, Justice Justin Walker, a Trump appointee, wrote that Perlmutter “uses administrative power in a host of manners.”

Perlmutter's attorneys have contended that she is a well-known copyright expert. She has acted as register of copyrights since former librarian of Congress Carla Hayden selected her to the position in October 2020.

The former president appointed assistant attorney general Todd Blanche to replace Hayden at the national library. The White House had fired Hayden amid complaints from right-leaning groups that she was advancing a “progressive” agenda.