Federal Judge Rules Against Trump Official Kari Lake in Attempt to Fire Voice of America Director

A federal judge has ruled that Kari Lake, a Trump administration official, cannot unilaterally terminate the director of Voice of America (VOA) without explicit support from an advisory panel established by Congress. The judge found that Lake’s attempt to dismiss VOA Director Michael Abramowitz is illegal and in violation of the law.

The advisory panel, set up by Congress to protect VOA and its sister networks from political pressure, requires explicit backing for any director removal. As President Trump removed six out of seven members of the panel shortly after taking office and has not appointed their successors, Lake lacks the necessary authorization to take such action.

In an initial move, Abramowitz was offered a reassignment to oversee a shortwave radio transmission facility in Greenville, North Carolina. However, this reassignment was also found to be illegal by Senior District Court Judge Royce C. Lamberth.

Lamberth, who is presiding over two lawsuits related to Lake’s attempts to dismantle VOA and its federal parent agency, wrote in his decision that the defendants did not even attempt to comply with the statutory requirement for Abramowitz’s termination.

Lamberth’s ruling is a relief for Abramowitz, who is among the plaintiffs suing Lake and the agency. “I am gratified by Judge Lamberth’s ruling,” said Abramowitz in a statement shared with NPR. “It is especially important for Voice of America to resume robust programming, which plays a crucial role in securing and influencing U.S. interests abroad.”

Under Lake, VOA has been significantly downsized, with all but four of its 49 language services discontinued, over 90% of the workforce laid off or placed on leave, and the creation of original content and coverage reduced to a minimum.

Lake has announced that the Trump administration will appeal Lamberth’s ruling, stating that “Elections have consequences, and President Trump runs the executive branch.” However, during a court hearing earlier this week, U.S. Justice Department attorneys pointed out that President Trump’s executive order in March aims to reduce VOA to its smallest possible legal size.

At the hearing, the elimination of the Korean language service, which is mandated by law, was highlighted as a concern. The government attorney contested the requirement for this service but did not elaborate further.

In making their arguments, the government attorneys relied heavily on the executive powers assigned to the president under Article II of the U.S. Constitution. They argued that Lake was merely responding to this mandate. However, Lamberth rejected these claims, batting away procedural arguments and broader claims about executive powers in this instance.

Lamberth also dismissed the argument that the law protecting VOA’s journalistic independence is unconstitutional. “Defendants raise just one defense as to why the Court should decline to issue an injunction: they call upon the Court to declare that [the law] violates the separation of powers by unduly interfering with the President’s authority to remove inferior officers,” Lamberth wrote in his decision. “Because Supreme Court precedent on the President’s removal power directly contradicts their position, the Court cannot do so.”

During Trump’s first term, the president named a chief executive to oversee the U.S. Agency for Global Media with the aim of exerting greater ideological control over all federally-funded networks, including nonprofits such as Radio Free Europe/Radio Liberty and Radio Free Asia.

In 2020, a bipartisan group of lawmakers, including Marco Rubio, passed legislation to shield these networks from political interference. The advisory board was part of this firewall. However, after Trump’s second inauguration in January, he fired all members of the International Broadcasting Advisory Board save Rubio, who is automatically a member due to his position as U.S. Secretary of State. No replacements have been appointed since then.

In mid-March, after Trump’s executive order, Abramowitz was placed on indefinite paid administrative leave. In early July, he was informed that the agency intended to reassign him to a shortwave radio station in North Carolina, with the threat of termination if he declined the offer. Abramowitz filed a motion to the court asking for intervention on July 23rd.

Eight days later, a senior adviser to the agency wrote to Abramowitz stating their intention to remove him, with Lake serving as the final arbiter. The government attorneys argued that Abramowitz should have undergone administrative remediation before termination, but Judge Lamberth noted that the law explicitly dictates that a VOA director cannot be appointed or removed without a bipartisan majority – five out of seven members.

Lake was initially appointed as a senior adviser to the agency but now serves as its acting CEO. It remains unclear whether Lake is legally eligible for this presidentially-appointed role, as no documentation has been produced despite repeated requests.