WASHINGTON, D.C. — A federal judge in the U.S. District Court for the District of Puerto Rico granted a preliminary injunction invalidating the attempted, unlawful termination of three members of the oversight board responsible for guiding Puerto Rico toward fiscal stability. The members, Arthur J. Gonzalez, Andrew G. Biggs, and Betty A. Rosa, represented by Democracy Defenders Fund (DDF), the Washington Litigation Group, and Cooley LLP, recently filed a lawsuit challenging their firings.

The lawsuit argues that members of the Federal Oversight and Management Board (FOMB) cannot be removed without cause and that the President’s attempt to fire them violated the U.S. Constitution and the federal law establishing the FOMB. The suit was filed against President Donald Trump, White House Personnel Office Director Sergio Gor, the last remaining member of the FOMB, and FOMB’s Executive Director.

In the ruling, United States District Court Judge María Antongiorgi-Jordán found that the President’s attempt to remove FOMB members without articulating any reason, providing any notice, or giving the members any opportunity to respond was “plainly contrary to law.”

At a hearing on Monday in San Juan, Judge Antongiorgi-Jordán appeared skeptical of the position taken by the Justice Department lawyer representing Trump and Gor. She commented that she was “troubled” by the government’s misunderstanding of the statute establishing the FOMB, and at one point directly asked the Deputy Assistant Attorney General whether it was his position that the president is “above the law.” In today’s ruling, Judge Antongiorgi-Jordán rejected the government’s suggestion that even where a President “acts outside of the law, there is no way for [a federal] court to review his unlawful acts. She called it a “disturbing argument” that raises “grave separation of powers concerns.” “When the President disregards the law,” she said, “the very foundations of our democracy begin to crack. A strong democracy relies on constant vigilance to ensure that leaders follow the rules that they are sworn to uphold.”

“Today’s decision is an important victory for the rule of law. These attempted firings were a flagrant abuse of power that disrespected Congress at the expense of the Puerto Rican people,” said Andrew Warren, Deputy Litigation Director for Democracy Defenders Fund.

“Before their abrupt, unexplained, and ultimately unlawful removals from the oversight board, Judge Gonzalez, Dr. Biggs, and Dr. Rosa served as unpaid public servants working to get the Commonwealth of Puerto Rico onto sound financial footing. After today’s ruling, they can now return to that important work,” said James I. Pearce, senior counsel at the Washington Litigation Group.

The ruling can be found here.

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Democracy Defenders Fund brings together a nonpartisan team to work with national, state, and local allies across the country to defend in real-time the foundations of our democracy.

The Washington Litigation Group represents individuals and institutions who have been unlawfully targeted for exercising their rights and brings affirmative litigation to curb governmental overreach.

Cooley LLP is an international law firm with nearly 1,400 lawyers and a total workforce of more than 3,000 people across 19 offices in the United States, Asia, and Europe.