DOJ opinion limits independent board's power to block State Department firings

The Justice Department’s Office of Legal Counsel issued an opinion stating that the Foreign Service Grievance Board’s power to overturn disciplinary decisions breaches the Constitution’s Appointments Clause, since the board holds unreviewable authority over the secretary of state. Assistant Attorney General T. Elliot Gaiser wrote that, although the secretary appoints board members, only cause-based removal is permitted, making the board’s final decision-making unconstitutional.

The department clarified that the board may still hear grievances, but ultimate authority rests with the secretary. Lawmakers and former diplomats warn the opinion advances the Trump administration’s goal of easing the removal of foreign service officers who diverge from its agenda. Senate Republican Marco Rubio has not filled board vacancies, causing the board’s staff to dwindle while case filings have tripled. Critics, including the American Foreign Service Association and House Foreign Affairs Committee Ranking Member Gregory Meeks, say the change threatens an essential safeguard of a nonpartisan diplomatic corps.