Washington
Cnn
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The dismissal of President Donald Trump of the first The president of the National Council for Labor Relations was an “illegal act”, ruled a federal judge on Thursday, overthrowing his oust in a decision which was very critical of “the intention of posting the limits of her office”.
The decision of the American district judge Beryl Howell represents the third time in less than a week than a federal judge in Washington, DC, ruled on the illegal dismissal of civil servants who direct independent agencies.
In a scathing decision, Howell qualified Trump’s attempt earlier this year to dismiss Gwynne Wilcox, who was president of the NLRB, “a blatant violation of the law … The president’s excuse for his illegal act cannot be maintained.”
The order of Howell restores Wilcox as a member of the board of directors, but the choice of Trump to chair the NLRB, Marvin Kaplan, will remain in charge. The Ministry of Justice appeals to the DC Court of Appeals circuit.
“The president seems determined to push the limits of his office and to exercise his power in a purple manner of the Claire statutory law to test how the courts will accept the concept of supreme presidency,” wrote Howll, appointed by former president Barack Obama, in his 36 -year -old opinion.
“An American president is not a king- not even an” elected “- and his power to withdraw federal officers and honest officials like the applicant is not absolute, but can be forced in appropriate circumstances, as is present here,” she added.
Wilcox continued Trump and Kaplan shortly after his ousting, saying that he had violated the federal law which authorizes the abolition of the members of the board of directors only for “the negligence of duty or the embezzlement in office but for no other cause”. She also declared that the law requires that the withdrawal only took place after an opinion and a hearing. The trial said that Trump’s dismissal gave no reason for his action and had been made without notice or hearing.
Howell agreed, writing that “the termination of Wilcox was not preceded by” an opinion and a hearing “, and no” negligence of duty or embezzlement “was identified, despite the explicit restrictions on the deletion of a member of the Board of Directors of the NLRA.”
She said that Wilcox “will continue to serve as a member of the NLRB until her mandate expires … unless she was warned” during an opinion and an audience, for the negligence of duty or embezzlement in office “.” “”
Wilcox, appointed by President Joe Biden, was informed of his dismissal in a letter at the end of January which said that she had been released because her file showed that she “unduly disadvantaged the interests of large and small employers”.
Among the rules implemented by Wilcox and other people appointed by Biden that Trump criticized was the one who prevented employers confronted with a union from organizing the vote by holding what is generally called “captive public” meetings, in which workers are required to sit thanks to presentations explaining all the reasons they should vote against union representation, their share.
Earlier this week, a separate federal judge ruled that Trump had illegally dismissed the head of an independent federal agency who examines the dismissals of federal employees.
And last Saturday, a third DC judge also said that Trump had bypassing the law when he briefly dismissed the head of a government supervisory agency. A federal court of appeal made this decision pending Wednesday evening, but the manager, Hampton Dellingerannounced Thursday that he would completely abandon his legal challenge to oust.
This story has been updated with additional details.
John Fritze and Chris Isidore of CNN contributed to this report.