Read the Trump Email Firing Member Wilcox and GC Abruzzo
Email shows Trump is setting up for a constitutional challenge.
As reported previously on NLRB Edge, Trump fired Board Member Gwynne Wilcox and General Counsel Jennifer Abruzzo two days ago. The firing of Abruzzo was expected. Biden had previously fired GC Peter Robb in the same way. However, the firing of Wilcox was novel. No president had previously removed an NLRB member and Section 3(a) of the NLRA does not permit removal for any reasons other than neglect of duty or malfeasance.
In my short piece on the topic, I offered the following explanation:
This move is consistent with a conservative legal theory that has become popular over the last couple of years. That theory, discussed in a prior NLRB Edge post, points to the language in Article II of the Constitution that requires that the president “shall take Care that the Laws be faithfully executed” to argue that removal protections for NLRB members and NLRB Administrative Law Judges are unconstitutional.
The email firing Abruzzo and Wilcox, which was sent by OPM Deputy Director Trent Morse, confirms this explanation. From the email:
Article II of the U.S. Constitution vests the entire executive power in a single President, who alone is accountable to the people. Pursuant to my constitutional duty to “take Care that the Laws be faithfully executed,” U.S. Const. Art. II, §3, I must ensure that those who wield executive power on my behalf are held accountable.
[…]
The aims and purposes of the Administration with respect to the work on the Board can be carried out most effectively with personnel of my own selection. To that end, effective as of this date, Gwynne A. Wilcox and Jennifer Abruzzo are hereby removed from the office of Members of the National Labor Relations Board.
Read the entire email by downloading the document below.
The way the email is written also seems to indicate that its author is not very familiar with the NLRB, Wilcox, or Abruzzo. It refers to both Abruzzo and Wilcox as “Members of the National Labor Relations Board” multiple times. Only Wilcox is a Board member. Abruzzo is the General Counsel. It also refers to Wilcox and Abruzzo as “Commissioners” multiple times. There is no commissioner role at the NLRB.
the unitary executive theory is the thread connects the old fascists (reagan, bush, cheney) to the new