US Inspectors General sue Trump administration for unlawful termination News
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US Inspectors General sue Trump administration for unlawful termination

Several recently removed US inspectors general (IGs) filed suit on Wednesday against Trump and his administration, seeking reinstatement of their previously held agency positions from which they were terminated, and an injunction against the Trump administration.

Alleging that their terminations were illegal and politically-motivated, the IGs seek a legal declaration that their attempted removals were invalid, in addition to an injunction preventing the Trump administration’s interference with their job duties. The IGs named as co-defendants Secretary of Defense Pete Hegseth and Secretary of State Marco Rubio.

The lawsuit alleges that the attempted removal of the IGs violated 5 U.S.C. §403(b) which requires the President to notify Congress 30 days prior to removing an IG, and to provide a “case-specific rationale” for the attempted removals. The complaint asserts that neither condition was met, and that the heads of the affected agencies acted as if the removals were valid, blocking the IGs’ access to email, computers, phones, and even their workplaces, which prevented them from performing their duties. The IGs argue that the agency heads’ actions are considered illegal interference because they are unable to perform their jobs. According to the IGs, Trump has stated these removals were “common” and “standard,” but that since 1980, presidents of both parties have refrained from mass IG removals during presidential transitions.

Eight IGs from the departments of State, Defense, Veterans Affairs, Health and Human Services, Education, Agriculture, Labor, and the Small Business Administration were removed from their positions four days into Trump’s presidency. The IGs were tasked with government spending oversight (over $5 trillion annually, representing the majority of the federal budget) and a significant portion of the federal workforce (around 80 percent, or 3.5 million employees). The IGs argue that their attempted removals have impacted oversight of a significant portion of the federal government’s operations and finances because the Trump administration has prevented the IGs from performing their job duties.

Professor Micael J. Kelly at Creighton University School of Law previously discussed the lawfulness of the terminations, in his commentary at JURIST. He opined that the termination indeed violated the law that requires prior notice and reason. He further noted that the courts are unlikely to hold Trump administration accountable after the US Supreme Court’s decision on presidential immunity.

The lawsuit continues to be a developing story.