Bondi Removes Legal Shield For Administrative Judges So Trump Can Dismiss Them

The Justice Department sent a letter last week announcing its determination that numerous restrictions on the removal of administrative law judges are unconstitutional.

This decision comes amid increasing frustration from the Trump administration regarding judicial interference with its executive orders and policy initiatives.

In the letter, Acting U.S. Solicitor General Sarah Harris informed President Pro Tempore Chuck Grassley (R-IA) that the Justice Department “has concluded that the multiple layers of removal restrictions for administrative law judges” violate the Constitution, according to reporting from the Western Journal.

This statement signals that the administration “will no longer defend” these removal protections in court or other legal proceedings.

To support this position, Harris referenced a Supreme Court ruling from 2010. In that case, the Court determined that granting “multilayer protection from removal” to executive officers “is contrary to Article II’s vesting of the executive power in the President.”

The Justice Department further contends that federal law, which restricts the firing of administrative law judges to situations involving “good cause,” is also unconstitutional under Article II. That particular statute, the department argues, curtails “the President’s ability to remove principal executive officers, who are in turn restricted in their ability to remove inferior executive officers.”

Administrative law judges serve across a range of federal agencies, overseeing laws and regulations related to areas like banking, immigration, antitrust, and interstate commerce, as outlined by the U.S. Office of Personnel Management. These judges are distinct from Article III federal judges, who preside in federal courts and hold positions directly established by the Constitution itself.

In recent years, the Supreme Court has repeatedly scaled back the authority of federal agencies, challenging their historically broad regulatory powers, according to a Reuters report.

One of those rulings struck down the Securities and Exchange Commission’s practice of using in-house administrative law judges to handle enforcement proceedings, declaring it unconstitutional.

Chad Mizelle, who serves as Chief of Staff to Attorney General Pam Bondi, posted the letter on X and told The New York Times that the administration is actively working to rein in the power of “unelected and constitutionally unaccountable” administrative law judges.

“In accordance with Supreme Court precedent, the department is restoring constitutional accountability so that executive branch officials answer to the president and to the people,” Mizelle explained.

Mizelle also stated that administrative law judges have “exercised immense power for far too long.”

Earlier in the week, Attorney General Bondi made headlines by disclosing that the FBI’s New York field office had withheld key documents connected to Jeffrey Epstein.

In a letter addressed to FBI Director Kash Patel, Bondi demanded the immediate release of all relevant records and called for an internal investigation into the agency’s handling of the Epstein case.

This revelation follows previous reports that the FBI may have secretly destroyed Epstein-related materials, fueling public suspicion of government misconduct and obstruction of justice. In a strongly worded letter sent Thursday, Bondi accused the FBI of only providing a limited portion of the requested files regarding Epstein’s vast criminal network.

“I repeatedly questioned whether this was the full set of documents responsive to my request and was repeatedly assured by the FBI that we had received the full set of documents,” Bondi wrote. “Late yesterday, I learned from a source that the FBI Field Office in New York was in possession of thousands of pages of documents related to the investigation and indictment of Epstein.”

Bondi continued, writing to Patel: “When you and I spoke yesterday, you were just as surprised as I was to learn this new information.”

She issued a direct order, stating: “By 8:00 a.m. tomorrow, February 28, the FBI will deliver the full and complete Epstein files to my office, including all records, documents, audio and video recordings, and materials related to Jeffrey Epstein and his clients.”

Bondi further demanded an immediate internal investigation into the FBI’s handling of the request, along with a full report within 14 days.

“I appreciate your immediate attention to this important matter. I know that we are both committed to transparency for the American people, and I look forward to continuing to work with you to serve our President and our country,” Bondi concluded.