WASHINGTON–As expected, the Department of Justice (DOJ)—which represents NCUA and the Trump administration—is opposing an expedited appeals process that former agency board members Todd Harper and Tanya Otsuka have requested, as the CU Daily reported here.
Democrats Harper and Otsuka were fired by President Trump in mid-April, leaving the board with one member, Republican Kyle Hauptman. A court reinstated them to the board in time for the July board meeting, before another appeals court removed them again after an appeals court granted an emergency administrative stay.
Plaintiffs Press Court
Harper and Otsuka urged the court in their most recent filing to deny the administration’s request for emergency stay and for an expedited appeals court ruling to quickly reinstate them. The plaintiffs argued they are needed for the board to have a quorum and to execute on its mission.
NCUA and the administration have responded that a one-person board meets the requirement for a forum on the NCUA board.
In its latest response, the Department of Justice told the court an expedited schedule is not necessary, given that other pending court rulings related to a president’s power to remove members of federal boards.
Awaiting Other Decisions
In its interpretation of the DoJ filing, America’s Credit Unions noted that while the appeals court has yet to make a ruling on the emergency stay motion, the government asked the appeals court in its reply, stating that in the event it rules against the DOJ’s emergency stay, it extend the initial administrative stay another week so the government can appeal the stay decision to the U.S. Supreme Court.
