Judge refuses to temporarily block the Trump administration from removing Copyright Office director

WASHINGTON — A federal judge refused Wednesday to temporarily block the Trump administration from removing and replacing the director of the U.S. Copyright Office.

U.S. District Judge Timothy Kelly ruled from the bench that the office director, Shira Perlmutter, hasn't met her legal burden to show how removing her from the position would cause her to suffer irreparable harm.

Kelly's refusal to issue a temporary restraining order isn't the final word in the lawsuit that Perlmutter filed last week. If Perlmutter decides to seek a preliminary injunction, the judge is giving her attorneys and government lawyers until Thursday afternoon to present him with a proposed schedule for arguing and deciding the matter.

Perlmutter's attorneys say she is a renowned copyright expert who also has served as Register of Copyrights since the Librarian of Congress appointed her to the job in October 2020.

“As Register, Ms. Perlmutter is a critical advisor to Congress on matters of important legislative interest and administers the Nation’s copyright system,” her lawyers wrote.

Earlier this month, Trump appointed Deputy Attorney General Todd Blanche to replace Carla Hayden as Librarian of Congress. The White House fired Hayden on May 8 amid criticism from conservatives that she was advancing a “woke” agenda.

“The Library of Congress is not an autonomous organization free from political supervision,” government lawyers wrote.

The administration said Blanche replaced Perlmutter with Paul Perkins, an associate deputy attorney general and veteran Justice Department attorney.

Perlmutter's lawyers argued that the president doesn't have the authority to unilaterally remove the Register of Copyrights or appoint an acting Librarian of Congress.

“Defendants’ actions are blatantly unlawful, and they threaten severe and irreparable harm to Ms. Perlmutter and her ability to fulfill the duties entrusted to her under the law,” they wrote.

Government lawyers argued that blocking Perlmutter's removal would amount to a "severe intrusion” into the president’s authority to exercise executive power.

Kelly said it is “striking” that nobody from Congress is involved in the lawsuit. He said the absence of Congress from the case “has to impact my assessment” of Perlmutter's request for a temporary restraining order.

But the judge also emphasized that the case has been pending for fewer than three business days and has produced “a very limited record” for him to consider so far.