GPT-4o: The firing of Shira Perlmutter and attempted installation of Trump loyalists in the Library of Congress represent a blatant abuse of power that violates constitutional norms, statutory law...

The Ousting of Shira Perlmutter — Legal, Constitutional, and Institutional Implications of a Trump Administration Power Grab

by ChatGPT-4o

Introduction

In May 2025, the Trump administration abruptly fired Shira Perlmutter, Director of the U.S. Copyright Office, by email—an action that triggered a federal lawsuit and widespread alarm among legal scholars, lawmakers, and copyright professionals. The move followed the ouster of Librarian of Congress Dr. Carla D. Hayden and the unlawful appointment of Trump allies to leadership positions within the Library of Congress. This case exposes a cascade of grievances and constitutional violations that, taken together, reveal a pattern of executive overreach aimed at capturing independent institutions. Below is an in-depth analysis of the legal, political, and constitutional dimensions of the case.

I. Grievances Raised in the Lawsuit

1. Unlawful Removal of Perlmutter
The most direct grievance is that Perlmutter’s termination was illegal because:

• Under 17 U.S.C. § 701(a), only the Librarian of Congress has the authority to appoint or remove the Register of Copyrights.

• The President has no legal authority—neither under the Constitution nor statutory law—to remove the Register.

2. Illegitimate Appointment of Todd Blanche

• The Federal Vacancies Reform Act (FVRA) only applies to “Executive agencies.” The Library of Congress, as part of the Legislative Branch, is not one.

• Trump appointed Todd Blanche (a DOJ official and personal legal ally) as Acting Librarian of Congress without Senate confirmation, violating the Appointments Clause (U.S. Const. Art. II, §2, cl.2).

3. Trespass and Attempted Hostile Takeover

• DOJ officials attempted to physically access the Copyright Office, prompting Library of Congress staff to call the Capitol Police.

• This action represents an unprecedented incursion into legislative branch territory by executive agents.

4. Retaliation Tied to AI Report

• The lawsuit and Reuters report allege that Perlmutter’s firing occurred one day after the Copyright Office issued a report warning that tech companies may not lawfully use copyrighted content to train AI without permission or payment.

• This indicates the termination may have been retaliatory and in service of Big Tech interests—a politically and ethically explosive possibility.

5. Weaponization of the White House Personnel Office

• Sergio Gor and Trent Morse of the White House Presidential Personnel Office were instrumental in issuing Perlmutter's termination and in coordinating the attempted takeover of Library positions.

6. Abuse of Power and Disinformation

• Trump justified the firing of Dr. Hayden based on fabricated or grossly exaggerated claims involving Diversity, Equity & Inclusion (DEI) initiatives and “inappropriate books” for children, despite the Library of Congress being a non-lending institution accessible only to those over 16.

II. Surprising, Controversial, and Valuable Findings

• Surprising: The use of DOJ officials in an attempted physical takeover of a legislative branch agency is an authoritarian maneuver rarely seen in U.S. history.

• Controversial: Trump’s re-post of the firing announcement on social media suggests personal involvement and approval of this legally questionable act.

• Valuable: The AI report’s suggestion that copyright licensing is required in some generative AI contexts is a vital policy intervention. It threatens the free-use narrative pushed by companies like OpenAI and Meta, potentially prompting massive financial implications for the AI industry.

III. Pattern of Similar Methods in the Trump Administration

This is not an isolated incident:

• Trump has repeatedly tested or overridden legal norms governing the appointment and removal of federal officials, including the firings of FBI Director James Comey, multiple Inspectors General, and members of federal labor boards.

• Like Perlmutter, these individuals were often removed after publishing critical reports or resisting political pressure.

In these instances, Trump has shown a pattern:

• Delegitimizing statutory limits on presidential authority.

• Installing loyalists without Senate oversight.

• Undermining independence of regulatory or oversight institutions.

IV. Potentially Unlawful and Unconstitutional Acts

1. Violation of the Appointments Clause – By attempting to appoint an Acting Librarian of Congress without Senate advice and consent.

2. Violation of the FVRA – Misapplying it to an agency outside the executive branch.

3. Ultra vires acts – Acting beyond presidential authority by interfering with legislative branch appointments.

4. Retaliatory Termination – Firing in response to a legally mandated report could be a violation of First Amendment principles of free inquiry and administrative due process.

5. Trespass and Unlawful Entry – Sending DOJ officials to forcibly take over Library offices may constitute criminal trespass or abuse of office.

V. Legal Consequences for the Parties Involved

If upheld by the court, the lawsuit could result in:

• Reinstatement of Perlmutter and invalidation of her termination.

• Nullification of Todd Blanche’s appointment and any actions taken by him or appointees.

• Declaratory relief that limits presidential authority over the Library of Congress.

• Potential criminal liability if coercion, trespass, or conspiracy can be established.

• Civil remedies for obstruction of congressional or statutory duties.

In the broader legal ecosystem, this case could:

• Reinforce boundaries between executive and legislative powers.

• Reshape how courts view independent agency leadership protections.

VI. What Should Have Been Done Instead

By Trump and His Administration:

• Respected the statutory framework governing the Library and Copyright Office.

• Channelled policy disagreements through proper legislative or judicial processes.

• Avoided using force or personal loyalty as criteria for appointment.

By DOGE and the DOJ Officials:

• Refused to participate in actions that blurred constitutional separations of power.

• Ensured that any administrative actions were consistent with agency law and statutory boundaries.

For Future Administrations:

• Uphold institutional independence, especially for roles that directly advise Congress.

• Maintain legal guardrails against the politicization of technocratic offices.

Conclusion

The firing of Shira Perlmutter and attempted installation of Trump loyalists in the Library of Congress represent a blatant abuse of power that violates constitutional norms, statutory law, and the doctrine of separation of powers. More than an isolated case, it reflects a disturbing pattern of authoritarian tactics deployed under the guise of executive efficiency or ideological retribution. If unchecked, such maneuvers could irreparably damage institutional independence and democratic oversight. The courts must act decisively to restore the rule of law, reaffirm congressional authority over its own institutions, and prevent future encroachments by any president—Trump or otherwise.