Fired Democratic PCLOB Member Considering Legal Action

LeBlanc appeared at State of the Net, where he said President Donald Trump’s decision to remove Democratic members was damaging to the independence of oversight boards and European relations on privacy policy.

Beth Williams, a Republican and the sole remaining PCLOB member, said separately that while the board has a limited, “sub-quorum” workload, it’s continuing to do “important, independent oversight.”

LeBlanc was asked if he would consider suing the administration to return to the board and finish his term, which was set to expire in 2028. “I am definitely looking at legal options and considering what the next step would be,” he said.

He told us after the event that he’s “not aware of any information about new members” being appointed to the board. During the panel discussion, he questioned what would stop Trump from removing Democratic members again if the Senate were to confirm four new nominees. The PCLOB statute states that “in no event shall more than 3 members of the Board be members of the same political party.” LeBlanc suggested the firing could “repeat itself” on day one.

“If independent agencies no longer exist in this country, everyone ultimately ends up serving at the pleasure of the current administration,” he said. “We lose the benefit of expertise.”

He noted the PCLOB’s role in advising the prior administration during U.S.-EU negotiations that resulted in President Joe Biden’s executive order 14086 and the EU-U.S. Data Privacy Framework (DPF).

If Europeans perceive that the PCLOB isn’t independent and that the board will certify policies at the administration’s will, it raises questions about the impartiality of other bodies, such as DOJ’s Data Protection Review Court, he said. The DPRC reviews decisions made by the Civil Liberties Protection Officer in the Office of the Director of National Intelligence in response to intelligence-related complaints. LeBlanc noted the Jan. 20 resignation of the special advocate to the DPRC.

“I suspect that more resignations will become public in short order,” he said: If it continues, one can’t help but wonder about the future of the data privacy frameworks with the EU.

Williams said her focus is the work the PCLOB can do without a quorum. The board member said she can continue ongoing projects, issue staff reports and issue her reports. She noted the PCLOB can’t take on additional projects without a quorum of at least three members, but "we are open for business."

Williams was asked if the PCLOB’s independence was undermined by the president firing members without cause. “I don’t think it’s appropriate for me to comment on the president’s personnel decisions,” she said. She deferred to the statute, which, she said, doesn’t have “for-cause protections.”

The board has operated without a quorum previously, in 2017-18 with one Republican and in 2021-22 with two Democrats, including LeBlanc, Williams noted. She also said that in October, the board adopted a policy allowing it “greater flexibility” when it operates sub-quorum.

“We’re in a stronger position than ever before to continue our mission work through a sub-quorum period,” she said. A one-member board can continue analyzing policy, request documents from executive branch departments, hold interviews with government officials and non-government experts, hear briefings and receive public testimony, she said. The board can currently issue reports and white papers, advise the president and executive officers and brief congressional staff and Congress, she added.

“It is true, of course, that without at least three members, the board cannot act at its fullest capacity,” she said. “Among other things, until I am joined by two other members, the board can’t officially open new projects. But that does not mean we cannot lay the groundwork for them.”

The top current project, she said, is oversight of implementing safeguards created by EO 14086 and the DPF. Asked after the event if EU-related work will be limited, she said the board can continue issuing staff and one-member reports: “That’s our plan: to keep doing our work.”

Former Chair Sharon Bradford Franklin and former board member Ed Felten didn’t comment Tuesday on the possibility of legal action against the administration.