Todd Harper and Tanya Otsuka will not be reinstated to the NCUA board while the District of Columbia Court of Appeals considers whether their firing by the Trump Administration is illegal, a panel of the court has decided.
The two already had been barred from the board through a temporary administrative hold, pending further court order. But now, a stay has been issued keeping the two off the board while the Trump Administration’s appeal of a lower court order is considered.
Judge Amir H. Ali, of the U.S. District Court for the District of Columbia had determined that the Democrat NCUA board members Todd Harper and Tanya Otsuka could only be removed for cause. Trump had fired them without cause and, thus, Judge Ali had ruled that Trump had fired them illegally.
Because no stay had been issued by the time of a July meeting, the two participated in that meeting.
Later, the administrative hold was issued.
The Appeals Court agreed to consider the case on an expedited basis, agreeing to a request by Harper and Otsuka.
The developments were first reported by Law360.