A federal judge has blocked President Donald Trump’s firing of two Democratic members of the Privacy and Civil Liberties Oversight Board.
The ruling Wednesday from U.S. District Judge Reggie B. Walton ends the lawsuit brought by two of the three fired board members in February.
The five-member board is an independent watchdog agency housed within the executive branch. Congress created the agency after the Sept. 11, 2001, attacks, and tasked the board members with making sure the federal government’s counterterrorism policies are balanced against privacy and civil liberties.
“The Constitution gives President Trump the power to remove personnel who exercise his executive authority,” White House spokesperson Harrison Fields wrote in an email to The Associated Press. “The Trump Administration looks forward to ultimate victory on the issue.”
Walton said in the written ruling that allowing at-will removal of board members by the president would make the board “beholden to the very authority it is supposed to oversee on behalf of Congress and the American people.”
“To hold otherwise would be to bless the President's obvious attempt to exercise power beyond that granted to him by the Constitution and shield the Executive Branch's counterterrorism actions from independent oversight, public scrutiny, and bipartisan congressional insight regarding those actions,” Walton wrote.
The judge said that even though the statute creating the board didn't include any specific protections from at-will removal for board members, the basic structure and function of the board showed that Congress intended to restrict the President's power to fire board members.
Former board members Travis LeBlanc and Edward Felten sued in February, asking the judge to find that board members can’t be fired without cause. Otherwise, they said, members would fear that criticizing the executive branch would lead to their dismissal, effectively rendering the agency unable to give candid, independent advice to Congress.
The third Democratic board member removed by Trump had just two days left in her six-year term and did not sue. Another board seat was already vacant, leaving just one Republican-appointed member on the board.
That’s well short of the quorum required for the agency to perform any significant activities, including the duties mandated by Congress like an in-the-works report on the Foreign Intelligence Surveillance Act, LeBlanc and Felten said in the lawsuit.
Assistant U.S. Attorney Douglas Dreier told the judge in court documents that other congressionally-created independent boards do have special protections from removal written into statute. He said the judge should not add a protection that Congress declined to grant, suggesting that would be akin to stepping into a legislative role.
President Donald Trump speaks as he meets with South African President Cyril Ramaphosa in the Oval Office of the White House, Wednesday, May 21, 2025, in Washington. (AP Photo/Evan Vucci)
ADELAIDE, Australia (AP) — Nathan Lyon dented England's desperate Ashes survival bid with three quick blows: vice-captain Harry Brook, bowled; captain Ben Stokes, bowled; leading scorer Zak Crawley, stumped.
Just as England was starting to gain confidence Saturday chasing what needed to be a world-record 435 to keep the Ashes series alive, Lyon returned to the Australian attack.
Crawley (85) and Brook (30) had combined in a 68-run stand to revive England's innings from 109-3 to 177-3 after Australia skipper Pat Cummins took out the top order.
Then Lyon, who moved to No. 2 on Australia's all-time list of wicket-takers with two dismissals in the first innings, started a new spell in the evening session.
Lyon dismissed a cavalier Brook, who reached too far and completely missed an attempted reverse sweep, with his second ball. The 38-year-old spinner quickly took three wickets for eight runs in a sequence that ripped through the middle order and suddenly England was 194-6.
Its totemic skipper, Ben Stokes, was out trying to defend against Lyon but missing a turning ball that rattled his off stump. Crawley, playing patiently in pursuit of a sixth test century, was deceived by a drifting Lyon delivery and stumped by Alex Carey.
At stumps on Day 4, England was 207-6 and needing 228 runs for an improbable victory in the third test.
Australia, which hasn't lost an Ashes test at home since 2010-11, needed four wickets to clinch the five-match series with two tests to spare.
After losing the first two tests in Perth and Brisbane, England needs a victory to have any hope of reclaiming the Ashes. Australia needs only a draw to retain the Ashes.
“We’ll reflect on today and make plans for tomorrow,” Australia wicketkeeper Alex Carey said in a post-match TV interview, trying to play down his team's strong position.
Of Lyon's impact, Carey added: “He toiled away all day, finally got some reward.”
Cummins rattled the top order in three quick spells, dismissing Ben Duckett (4) and Ollie Pope (17), both caught by Marnus Labuschagne, on either side of the lunch interval. Then he returned to have Joe Root, the No. 1-ranked batter in test cricket, caught behind for 39.
It was the 13th time in Cummins has dismissed the former England captain in test cricket. And it was an all-too familiar setup, Cummins putting the ball on a consistent length before getting Root to dabble at a ball that shaped in and then seamed away.
It was an important contribution for the Australian skipper after he missed the first two tests through injury.
Even his Australian teammates late in the afternoon were mildly taunting Lyon, who said in a TV interview earlier this month he was “filthy” at being dropped from the lineup for the second test in Brisbane. Chirps of “C'mon Big Fil. C'mon Filthy” echoed from fielders around the stumps in encouragement for the veteran spin bowler after his three-wicket burst.
Lyon hadn't taken a wicket in 27 overs and had figures of 0-50 from 10.1 overs in the second innings Saturday before he completely swung the momentum in Australia's favor.
Even part-timer Travis Head had caused trouble for the England batters while Lyon was out of the attack, before Australia's frontline spinner seized back control.
For much of Day 4, England was playing the better cricket.
Australia resumed at 271-4 in its second innings, a lead of 356, with Head unbeaten on 142 and Carey on 52.
Head’s dismissal for 170 triggered a lower-order collapse, with the last six wickets falling for 38 in 11 overs. The Australians were all out for 349, a lead of 434.
Head's 162-run stand with Carey ended when he pulled a short ball from Josh Tongue (4-70) high and deep into the outfield.
Stokes then had Carey out for 72, tucking a short ball around the corner and caught at leg slip in a smart piece of field positioning.
Brydon Carse (3-80) dismissed Cummins (6) and Lyon on consecutive balls but Scott Boland left a wide ball to deny England its first Ashes hat-trick since 1999.
The highest successful fourth-innings run chase was West Indies’ 418 in a three-wicket win over Australia at Antigua in 2003.
England has successfully chased 370-plus targets twice to win against India in the last three years.
AP cricket: https://apnews.com/hub/cricket
Australian players celebrate after England's Ben Stokes, right, was dismissed during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
England's Zak Crawley reacts after he was out stumped by Australia's Alex Carey, left, during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
Australia's Nathan Lyon, second left, is congratulated by teammates after dismissing England's Ben Stokes during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
Australian players celebrate after England's Ben Stokes, right, was dismissed during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
Australia's Nathan Lyon, second left, is congratulated by teammates after dismissing England's Ben Stokes during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
Australia's Pat Cummins, centre, celebrates with teammate Australia's Marnus Labuschagne, right, after dismissing England's Ollie Pope during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
England batsmen Zak Crawley, right, and Joe Root gesture during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
England's Joe Root bats during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
England's Ben Stokes, right, walks with teammate Jofra Archer after dismissing Australia during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
Australia's Pat Cummins is congratulated by teammates after dismissing England's Ben Duckettduring play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
England's Ben Stokes, right, celebrates after dismissing Australia's Alex Carey, left, during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
England's Ben Duckett walks from the field after he was dismissed during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
England's Jofra Archer bowls during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
England's Ben Stokes, centre, celebrates with teammates after dismissing Australia's Alex Carey during play on day four of the third Ashes cricket test between England and Australia in Adelaide, Australia, Saturday, Dec. 20, 2025. (AP Photo/James Elsby)
