The White House is trying to discredit Dr. Anthony Fauci amid the surge in new coronavirus cases. This comes a few days after Fauci said he hasn’t spoken to Donald Trump in weeks and the two have resorted to responding to each other through interviews.
Their latest public feud is causing some to wonder if Trump can fire Dr. Fauci. The answer is..it’s complicated. Getting rid of Dr. Fauci is not so simple. For starters Trump cannot directly fire Fauci he would have to ask NIH Director Francis Collins to do so. Collins said back in April that nobody reached out to him to fire Fauci. But that was in April, a lot has changed since then.
Even if he decided to act on Trump’s orders to fire Fauci, that’s a big IF, he would meet another roadblock. Collins would have to give a valid reason for firing Fauci and that would be subjected to legal appeal.
Under Federal law, Fauci can only be fired if he is found to have engaged in “misconduct, neglect of duty, malfeasance, or failure to accept a direct reassignment or to accompany a position in a transfer of function.” In other words, Trump cannot fire Fauci for political reasons or because he does not agree with him. These rights were afforded to Fauci as a member of the Senior Executive Service which was established by Title IV of the Civil Service Reform Act (CSRA) of 1978.
Even if Trump wanted to fire Fauci, claiming poor performance or a failure to comply with rules, it would be a protracted process that could possibly be even more damaging to Trump in the lead up to the election this November. And engaging in a losing battle with the nation’s top infectious disease expert during a pandemic is not a good idea for a president whose approval rating is already underwater.
Fauci must be given due process under 5 U.S.C. § 7543(b). He’s entitled to:
- At least 30 days’ advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action.
- A reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer.
- Be represented by an attorney or other representative.
- A written decision and specific reasons therefor at the earliest practicable date.
Dr. Fauci would also have the right to appeal to the Merit Systems Protection Board.
William Wiley, a former chief counsel to the chair of the Merit Systems Protection Board told Mother Jones: “There would have to be a cause. He would have to be fired for a valid reason. If they want to remove him from employment they have to tell him why and give him a chance to defend himself.”
In the meantime, Donald Trump will much rather smear Dr. Fauci because its way easier and it plays to his base. Fauci is the most trusted member of the White House coronavirus task force. That trust has been built up for years working under both Republican and Democratic administrations. He can’t fire him so he’s trying his best to ruin him for political reasons.
