A Power Grab at the Library of Congress

The latest example of executive overreach into the realm of congressional power has happened within the Library of Congress itself.

Librarian of Congress Dr. Carla Hayden was fired via an email from the White House on Thursday evening, just one year short of the end of her 10-year term. By Saturday, President Donald Trump’s administration had also fired Shira Perlmutter, the register of copyrights and director at the U.S. Copyright Office, which is also part of the Library of Congress, who had been appointed by Hayden in 2020. 

Typically, the Library of Congress’s Interim Principal Deputy Librarian Robert Newlen would have taken the helm on an interim basis. Instead, Trump promptly replaced Hayden, Perlmutter, and Newlen with Department of Justice officials. Trump named Deputy Attorney General Todd Blanche as acting librarian, later appointing senior DOJ officials Brian Nieves and Paul Perkins to serve as acting deputy librarian and acting copyright office director, respectively. The two men were initially denied access to the building as questions mounted about whom had authority to fill the library’s sudden vacancies.

The dual firings and immediate attempts to replace the Library of Congress’s leadership with Justice Department officials raise a litany of concerns surrounding acts of political retribution, rejections of norms and processes, and most critically, blatant attempts to undermine Congress’s established constitutional power. 

What Does the Library of Congress Do? 

To understand why this executive overreach caused alarm and locked doors, it’s important to understand the role of the Library of Congress itself. Established as the main research arm of Congress, it is often considered the largest library in the world, housing more than 178 million items in its collection. 

The Library of Congress is not a passive entity, however. It houses the Congressional Research Service (CRS), a nonpartisan arm that works closely with members of Congress and their staffers to provide independent and confidential research and analysis. It houses the U.S. Copyright Office, which administers the country’s copyright and intellectual property laws. And it houses the Law Library, staffed by legal experts from around the world who offer research and analysis on issues surrounding U.S. and international law.

The Library of Congress’s services are closely tied to Congress members’ ability to make informed decisions and policies. In particular, CRS works with lawmakers, committees, and their staff at every step of the legislative process. Now that the library’s top official is ultimately responsible to the executive branch, the confidential and nonpartisan support the library provides for congressional offices is threatened. 

Was it legal for Trump to fire Hayden? Maybe, depending on whether this position is for a set 10-year term or the librarian serves at the will of the president. Like most senior officials, the librarian is appointed by the president and confirmed by the Senate, but in the case of the librarian, with the possibility of being reappointed and reconfirmed every 10 years, according to the authorizing statute.

But the reasons behind Hayden’s sudden ouster raise concerns. And Trump’s appointments of the acting librarian, acting deputy librarian, and acting director of the copyright office raise serious concerns about the separation of powers between the executive and legislative branches.  

Why did This Happen? 

The Trump administration has clearly stated its reasons for firing Hayden before the end of her term. Press Secretary Karoline Leavitt justified the firing to reporters, saying, “There were quite concerning things that she had done at the Library of Congress in the pursuit of DEI and putting inappropriate books in the library for children.”

Hayden, the first Black woman to serve in the librarian of Congress role, joins a growing list of dismissals justified by a rollback of initiatives purportedly promoting diversity, equity, and inclusion, such as when Trump fired General CQ Brown Jr. from his role as chairman of the Joint Chiefs of Staff in February. 

Many have also accused the Trump administration of targeting perceived political opponents in roles that typically fall outside of overtly partisan hiring practices. In February, for example, the White House fired then-head of the National Archives, Dr. Colleen Shogan, neglecting to provide justification to Congress as required by federal law. 

Appointing Department of Justice officials to serve as acting leaders within the Library of Congress continues a pattern of the president installing close allies into positions of power. Deputy Attorney General Blanche is the president’s former criminal defense attorney in two cases brought by the Biden administration’s Department of Justice. 

And while acting officials can and do serve in multiple roles simultaneously, this arrangement of DOJ officials acting as leaders within an entirely different branch of government is deeply concerning. 

Such blatant disregard for congressional power cannot be allowed to continue. The administration continues to undermine the incredible power granted to Congress by the Constitution — a guardrail built, from the very beginning, to keep our democracy from falling into authoritarianism. 

We Have a Separation of Powers Problem 

As we noted above, Trump likely has legal standing to fire Hayden before the end of her term and without congressional permission. He stands on less solid legal footing in his firing of Perlmutter, who served in a role that is appointed by a Senate-approved librarian of Congress. As for the appointments, Trump’s appointment of Blanche to serve as acting librarian seems to be a gray area that hinges upon the definition of congressional versus executive agency, the Vacancies Act, and other legal questions. Appointing the acting deputy librarian and acting copyright director appears to be more straightforward; these are subordinate positions appointed by the librarian and, as such, the president does not have the power to fill these posts. 

The more critical consideration, however, is what this means for our separation of powers. Firing and appointing a new acting librarian of Congress without working closely with members of Congress belies a willingness to overstep congressional norms and boundaries. Further, appointing a senior executive branch official (such as the Justice Department’s Blanche) to lead a congressional agency threatens the healthy separation of powers on which our delicate system rests. It is a blatant example of executive overreach and only the most recent in a series of executive actions that diminish Congress’s power. 

What happens if the Department of Justice and, by proxy, the president gain access to all the questions and projects that members of Congress have asked CRS to research? CRS is somewhat insulated from the librarian of Congress, but given this administration’s apparently insatiable appetite for sensitive data, such a scenario is not beyond imagination. 

Members of Congress rely on their consultations with CRS to be confidential and nonpartisan. Jeopardizing that confidentiality could undermine congressional oversight of the executive branch and hamstring efforts to understand and respond to topics of national importance. 

Congress’s ability to hold the executive branch accountable relies on its exercising its power as the first branch. This means responding to overreach, particularly when such overreach encroaches on members’ ability to do their jobs for the American people.

So What Do We Do?

A few members of Congress, from both sides of the aisle, have already spoken out. Senate Majority Leader John Thune (R-SD) said that congressional leaders “want to make sure we’re following precedent and procedure” in naming a replacement for Hayden. Representative Joe Morelle (D-NY), the ranking Democratic member of the Committee on House Administration, led a request for the Library of Congress inspector general to investigate communication between the library and the executive branch, including whether any unauthorized congressional or library data made its way to the executive branch.

These are promising rebuttals, but it cannot end there. The librarian of Congress, as well as other congressional agencies, should be appointed and removed solely by Congress — period. A long-term legislative fix that secures this safeguard is desperately needed.

In the meantime, and in the short term, we need members of Congress to work across party lines and push back on yet another attempt by the president to undermine their power and independence.