By Matthew Holloway |

A letter from Solicitor General of the United States D. John Sauer to the Speaker of the U.S. House of Representatives Mike Johnson has revealed that the Department of Justice is prepared to defend the removal of former Voice of America (VOA) Director Michael Abramowitz from his position. Abramowitz’s removal was ordered by Acting Chief Executive Officer of the U.S. Agency for Global Media (USAGM) Kari Lake.

The letter sets a clear argument that restrictions under 22 U.S.C. 6205(e)(l) against Abramowitz’s termination for cause under 5 U.S.C. § 7543, are rendered unconstitutional by Article II § 2 Clause 2.

Solicitor General Sauer explained the restriction against Abramowitz’s termination writing, “The head of Voice of America, an inferior executive officer, is appointed by the Chief Executive Officer of the United States Agency for Global Media. See 22 U.S.C. 6205(e)(l). A federal statute provides that the Chief Executive Officer may remove the head of Voice of America only with the approval of the Independent Broadcasting Advisory Board.”

The Solicitor General then laid out the legal position of the administration that the DOJ “will file in defense of the removal of Michael Abramowitz from that office.”

He wrote:

“Under Article II, inferior executive officers must be removable at will by the President or by a department head acting on the President’s behalf. See Seila Law LLC v. CFPB, 591 U.S. 197, 215 (2020).

“The Supreme Court has recognized only one narrow exception to that ‘general rule.’ Ibid. That exception extends, at most, to certain domestic inferior officers ‘with limited duties and no policymaking or administrative authority.’ Id. at 218.

“The head of Voice of America falls outside that exception. Among other things, he exercises significant policymaking or administrative authority in supervising Voice of America, and Voice of America’s activities implicate the President’s authority to manage foreign affairs.”

Sauer added that this opinion is supported by the precedent set in Seila Law LLC v. CFPB, 591 U.S. 197, 215 (2020) in which the Supreme Court ruling penned by Justice Robers is clear: “In our constitutional system, the executive power belongs to the President, and that power generally includes the ability to supervise and remove the agents who wield executive power in his stead. While we have previously upheld limits on the President’s removal authority in certain contexts, we decline to do so when it comes to principal officers who, acting alone, wield significant executive power. The Constitution requires that such officials remain dependent on the President, who in turn is accountable to the people.”

In short, it is the Solicitor General’s legal opinion that because of the unique, Congressionally-mandated duty of Voice of America to carry out foreign policy objectives and the significant authority the VOA Director has over them, the President and his appointed Acting Chief Executive Officer, Kari Lake, must have the power to appoint and remove personnel from the agency at will to satisfy the President’s duties under the Constitution as vested by Congress: “the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

As previously reported by AZ Free News, Abramowitz was informed of his dismissal after he declined reassignment to the agency’s Edward R. Murrow Transmitting Station of the International Broadcasting Bureau in Greenville, NC, and that the USAGM maintains “the Chief Executive Officer, acting on the President’s behalf, may lawfully remove the Voice of America Director, an inferior officer.”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.