Will Trump Make An Article II Override Argument To Justify Firing IGs Without Providing 30 Days Notice?
On Friday, President Trump fired about a dozen Inspectors General. These inspector generals are nominated by the President, and confirmed by the Senate. But the President’s removal power is restricted through a notification requirement. 5 U.S.C. § 403(b) provides:
(b) Removal or Transfer.-An Inspector General may be removed from office by the President. If an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
Trump clearly did not provide thirty days notice–doing so would have been impossible, since his term began only five days earlier. (Has it only been five days, feels like forever!?) Senator Chuck Grassley of Iowa, a champion of IGs, stated the obvious:
“There may be good reason the I.G.s were fired,” Mr. Grassley said, referring to the inspectors general. “We need to know that, if so. I’d like further explanation from President Trump. Regardless, the 30-day detailed notice of removal that the law demands was not provided to Congress.”
What is Trump’s justification for not providing the notification? Maybe the restriction can’t be applied to a new President who has just come int
Article from Reason.com
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