Congress
Fired copyright chief loses first round in lawsuit over Trump powers
A judge denied a request for reinstatement Wednesday from the ousted head of the national copyright office, rejecting for now her claims that President Donald Trump had no right to fire her.
Shira Perlmutter was fired as register of copyrights earlier this month, an office housed inside the Library of Congress. In a suit filed in Washington’s federal court last week, she alleged that Trump and his subordinates overstepped in both naming a new Librarian of Congress — the only official, she claims, that can hire and fire a copyright chief.
Perlmutter asked the court to issue a temporary restraining order keeping Trump’s appointees out of the Library of Congress and keeping her on the job, but U.S. District Judge Timothy J. Kelly denied the motion from the bench in a hearing Wednesday.
Perlmutter’s lawsuit names as lead plaintiff Deputy Attorney General Todd Blanche, whom Trump attempted to appoint as acting Librarian of Congress, alongside Trump and several other administration officials. Justice Department lawyers representing Blanche & Co. asserted in a court filing this week that the Library of Congress is “part of the Executive Branch and is subject to presidential control.”
“The Library of Congress is not an autonomous organization free from political supervision,” the lawyers wrote.
The White House argues that Trump has the authority to name an acting librarian and register of copyrights who can serve temporarily under the Federal Vacancies Reform Act — much as the president can name acting leaders for any other federal agency with a presidentially appointed and Senate-confirmed chief.
Key lawmakers on Capitol Hill, including some top Republicans, are questioning that assertion, and it has created a standoff at the Library of Congress over the attempted takeover.
Rep. Joe Morelle (D-N.Y.), the top Democrat on the House Administration Committee, said in a statement that the arguments in the recent administration court filing amount to “unlawful and unconstitutional efforts to wrest control of the Library and the Copyright Office from Congress and the American people.”
“The law is clear,” Morelle said. “The Library of Congress is a legislative branch agency, and the President has no authority to appoint an Acting Librarian or meddle in the Library’s personnel decisions.”
In addition to attempting to install Blanche as acting librarian, Trump also attempted to appoint Brian Nieves as acting assistant librarian and Paul Perkins as acting register of copyrights, replacing Perlmutter as director of the Copyright Office.
But Robert Randolph Newlen, who assumed the acting librarian role immediately after Librarian of Congress Carla Hayden’s removal, appears to remain in control of the library, and Blanche has not been seen at the library or sent communications to employees since the attempted takeover earlier this month.
While Kelly did not immediately grant Perlmutter’s request, her lawsuit will continue. Kelly indicated he will hear arguments in the coming weeks on whether to grant a preliminary injunction blocking Trump and Blanche while the litigation plays out.
In the meantime, the leadership of the library and copyright office will remain in limbo.
“If Mr. Blanche assumes the role of Acting Librarian of Congress, the Executive Branch will gain access to reams of confidential information that belongs to Congress and that Congress has zealously guarded from disclosure, as well as privately owned copyright deposits,” Perlmutter’s lawyer wrote in a Tuesday filing.
Republican chairs of the House and Senate panels with oversight responsibility of the library declined a request for comment.
Sen. Alex Padilla (D-Calif.), the top Democrat on the Senate Rules Committee, called once again for Congress to take bipartisan action to codify full congressional control of the library, condemning the “unprecedented encroachment by the White House.”
The Senate is aiming to leave Washington for a five-week recess early Saturday after Republicans cut a deal with President Donald Trump to punt some of their priorities, including a framework for a party-line spending plan.
The Senate is trying to lock in an agreement that would set up votes on a college sports bill, a stopgap government funding bill, Todd Blanche’s attorney general nomination and GOP voter ID legislation, according to a copy of an internal notice reviewed by Blue Light News.
The Senate would then leave Washington until mid-September.
Any one senator could object to the tentative deal, forcing it to be altered or dragging the Senate deeper into the weekend. Senators believe there are still objections to advancing the college sports bill. Democrats are also waiting to see if one of their own will prevent speeding up Blanche’s confirmation.
The breakthrough is a U-turn from earlier Friday evening, when Republican senators emerged from a closed-door meeting predicting they would have to spend Saturday trying to break a stalemate within the party about how to wrap final votes before recess.
Shortly after that meeting, Trump spoke by phone with Senate Republicans including Ron Johnson of Wisconsin, Rick Scott of Florida and Mike Lee of Utah about the path forward for the GOP’s lengthy to-do list.
During the call, according to Johnson, Trump agreed to punt a vote on a budget blueprint for a third party-line spending bill until later in the year. Lee, who has been pushing for action on the separate SAVE America Act, also agreed to drop his demand for a formal, roll call vote on adjourning given the understanding with the president.
“I think the conclusion of the conference – and we had a discussion with the president and he agrees – [is] don’t take the vote tonight,” Johnson said after the meeting in Thune’s office.
Republicans were in talks with the White House throughout Friday. A White House official granted anonymity said Friday evening that “we’re continuing to have productive conversations with senators to advance several legislative priorities.”
Senate Republicans confirmed dozens of President Donald Trump’s nominees Friday, just before they leave for a five-week congressional recess.
Senators voted 51-47 to approve officials at the Departments of Defense, Energy, State and other agencies.
They included David Cummins to head the Transportation Security Administration, Cameron Hamilton to lead the Federal Emergency Management Agency, Hal Duncan to be OMB deputy director and Francis Brooke to be Treasury deputy secretary. Among the group were several ambassadors, including former Rep. David Brat to be ambassador to Australia.
Senate Republicans changed the chamber’s rules last year to be able to confirm lower-level nominees as a package instead of having to hold a vote on each.
After finishing the expedited procedure Friday, Senate Republicans estimate they will only have a small number of civilian nominees awaiting confirmation.
President Donald Trump said voters may seek to punish Republicans — but not him — in the November midterm elections, as GOP lawmakers sweat that affordability concerns and the war in Iran could mean Democrats flip the House and perhaps even the Senate.
“They’re angry at Republicans,” Trump said in an interview with Punchbowl News that aired Friday. “But they’re not angry at me. They’re not angry at me, but they are angry at Republicans.”
The GOP faces the prospect of heavy losses this November, as gas and grocery prices remain stubbornly high due in part to the White House’s five-month-long war in Iran. The administration’s guidance on campaign trail messaging has been “tone deaf,” House Republicans fear.
Meanwhile, the president’s approval rating has tumbled since he returned to the Oval Office last year, and even his biggest supporters have grown frustrated over his Middle East war.
And with a messy, jam-packed slate of primaries now all but in the rearview mirror, Democrats are determined to go on offense. The Democratic Congressional Campaign Committee has 58 seats on its midterm target map that stretches into redder territory — while still facing an uphill climb to take the Senate.
Trump has a massive war chest at his disposal. His MAGA Inc. super PAC reached $400 million in June. The president told Punchbowl he plans to use it to “help Republicans,” but he stressed that he faces no pressure in this campaign cycle.
“I said to somebody, ‘Wait a minute, you don’t understand, I won,’” Trump said, referencing his 2024 presidential election victory. “I’m not campaigning.”
The biggest issue for Republicans this year? That Trump himself is not on the ballot, he said.
“If I don’t run, will those people go out and vote? And that’s the one thing I can’t tell, I’m going to ask them to,” he said.
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