New York Times investigation revealed White House privately pressured Merit Systems Protection Board over federal-firing ruling

A June 28, 2026 New York Times investigation revealed that the Trump White House ran a private pressure campaign on the Merit Systems Protection Board, the agency that adjudicates federal-worker firing appeals, ahead of its March 2026 ruling on presidential removal power. A White House aide privately urged a board appointee to adopt the administration's unitary-executive position, conduct the Times likened to telling a federal judge how to rule. The board then dismissed the appeals of two immigration judges fired under Article II and held that statutory tenure protections could not constitutionally apply to them.

On June 28, 2026, a New York Times investigation revealed that the Trump White House had waged a private pressure campaign on the Merit Systems Protection Board — the independent agency that adjudicates appeals of federal-worker firings — before the board's March 2026 precedential ruling on presidential removal power. According to people with knowledge of the process, a White House aide long focused on making federal workers easier to fire privately pressed a board appointee to adopt the administration's unitary-executive position, conduct the Times described as little different from calling a federal judge and telling him how to rule.

The ruling arose from the appeals of Megan Jackler and Brandon Jaroch, two immigration judges removed in 2025 on the sole basis of Article II of the Constitution. An administrative judge had overturned their firings, but in March 2026 the board reversed, holding that inferior officers such as immigration judges may be removed at will and that statutory tenure protections under 5 U.S.C. § 7513 could not constitutionally be applied to them. The decision broke with decades of precedent and narrowed the most effective route for federal employees to challenge dismissals. Jackler and Jaroch appealed directly to the U.S. Court of Appeals for the Federal Circuit, which agreed on June 17, 2026 to hear the case en banc.

The White House disputed the characterization of its contacts with the board, describing a meeting with the acting chair as a job interview for the permanent chairmanship rather than an instruction on how to rule.

Judicial and quasi-judicial independence requires that adjudicators decide cases on the law, free from pressure by the officials whose conduct they review. Here the Trump White House privately lobbied the board that hears federal firing appeals to adopt the administration's own theory of unchecked removal power, ahead of a ruling in a case testing that power. Pressuring an adjudicator over a pending decision collapses the separation between those who wield power and those meant to check it, and this entry records how civil-service protections can be dismantled outside the legislative process.

  1. White House Secretly Swayed Board Meant to Stop Civil Service PoliticizationThe New York Times investigative accessed July 3, 2026
  2. Jackler and Jaroch Consolidation v. Department of Justice, CF-0752-26-0069-I-1 (Opinion and Order)U.S. Merit Systems Protection Board primary accessed July 3, 2026
  3. MSPB Strikes Down Tenure Protections for Immigration JudgesLawfare secondary accessed July 3, 2026
  4. In rare move, full appeals court agrees to hear case challenging Trump's 'Article II' firingsGovernment Executive secondary accessed July 3, 2026