DOJ Sues Public Broadcasting Board Members for Refusing to Step Down

The US president doesn’t have the authority to remove a director without a two-thirds vote from the board, according to the Corporation for Public Broadcasting.

The headquarters building of National Public Radio in Washington on March 26, 2025. Saul Loeb/AFP via Getty Images

The Department of Justice (DOJ) filed a lawsuit against three board members of the Corporation for Public Broadcasting (CPB) who continue to remain in office despite being officially removed by the Trump administration, the agency said in a July 15 statement.

CPB, a nonprofit established by Congress, disburses funds to many media outlets such as the Public Broadcasting Service (PBS) and National Public Radio (NPR).

On April 28, White House official Trent Morse informed CPB board members Laura Ross, Thomas Rothman, and Diane Kaplan that they were being terminated. CPB, its board, and the board members then sued the administration.

On June 8, the U.S. District Court for the District of Columbia denied their request, assessing that the president has “at least some ability to influence the affairs of the Corporation.” Despite the ruling, CPB said in a June 8 statement that the terminated members would remain on the board.

The DOJ filed its lawsuit against the board members in the same court on July 15.

“Despite the Court’s denial of their request for preliminary relief, Defendants have continued to usurp the office of board member of the CPB, including by participating in board meetings, voting on resolutions and other business that comes before the board, and presenting themselves to the public as board members,” said the DOJ complaint.

“All of this is manifestly unlawful.

“In short, Defendants are defiantly acting as if the Court granted the relief the Court denied—raising the question of why they bothered to seek preliminary relief and consume the resources of the Court and the parties if they were simply going to ignore any adverse ruling.”

The lawsuit argued that the president cannot meaningfully exercise his executive powers under Article II of the Constitution without the power to appoint and remove individuals who hold federal posts.

The defendants’ actions violate both judicial and executive orders, said the complaint. The lawsuit aims to “oust and exclude Defendants from their usurped offices.”

According to CPB, Rothman’s and Kaplan’s terms are officially set to expire in 2026, with Ross’s term expiring in 2028.

Rothman and Kaplan were appointed to the post by President Joe Biden. Ross was initially appointed by Trump during his first administration and later reappointed by Biden.

The Epoch Times reached out to CPB for comment but did not receive a response by publication time.

The funding structures for NPR and PBS are complicated. Revenue comes in from a variety of sources, including direct funding from CPB and through local public media stations, according to a report from Pew Research.

CPB Justifications, Rescissions Bill

In its June 8 statement, CPB justified retaining the three individuals on the board, arguing that it was “consistent with the Court’s decision and the authority provided under the governing statute.”

The court had “recognized that under the D.C. nonprofit act, the bylaws of CPB govern in this instance,” and the president lacks authority to remove a director without a two-thirds vote of the other directors confirming such removal, the organization said.

In an emailed statement to The Epoch Times, White House spokesperson Harrison Fields accused the CPB of “creating media to support a particular political party on the taxpayers’ dime.”

Trump has accused PBS and NPR of biased and partisan news coverage.

The DOJ lawsuit comes at a time when Republicans are pushing through a $9.4 billion rescissions package that includes $1.1 billion in spending cuts for the CPB.

Sens. Mark R. Warner (D-Va.) and Tim Kaine (D-Va.) criticized the administration’s attempts to defund public broadcasting.

“As former governors, we are deeply disturbed by these efforts because we know that public media is often the only source of local news available to rural communities,” said a July 15 statement from Warner’s office.

“We also know that public radio plays a key role in public safety, delivering emergency alerts during disasters like floods, hurricanes, and wildfires.”

On Tuesday, Vice President JD Vance cast the tie-breaking vote to advance the rescissions bill in the Senate. The same day, Sen. John Thune (R-S.D.) proposed an amendment to the measure. The Senate now needs to take a final vote on the bill.

The House of Representatives had passed the measure on June 12. The deadline to pass the bill by Congress is July 18, after which it would be sent to Trump for signing into law.