President Donald Trump’s firing last weekend of Geoffrey Berman, the U.S. Attorney for the Southern District of New York, shows why civil service protections for career employees are important in shielding them from White House anger. Berman’s office has been investigating Rudy Giuliani, the president’s personal attorney. Unlike civil servants, Berman and political appointees lack these protections.
Or take Anthony Fauci, head of the National Institute of Allergy and Infectious Diseases. He told CNN on April 12 that an earlier, more timely government response to combat the coronavirus could “obviously” have saved lives. That night, Trump retweeted a post with the hashtag “#FireFauci.“
Yet unlike Berman, even if Trump wanted to fire Fauci, Trump “can’t just fire him. He’s a career employee,” Max Stier, who leads the non-profit Partnership for Public Service, told the Los Angeles Times.
Some within the Trump administration have espoused giving the president near-absolute control over the federal workforce, a step that could backfire anytime the White House is held by the opposing political party. According to an internal 2017 White House to-do list, first mentioned by the New York Times and obtained by POGO, one Trump appointee proposed exploring legal theories that the “president [has] inherent authority to dismiss any federal employee,” unconstrained by whistleblower and other statutory protections passed by Congress. That would mark a break with the way America’s system of government has functioned for over a century.