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jg10003

(1,056 posts)
Sat Aug 2, 2025, 11:10 AM Aug 2025

Can Erika McEntarfer sue trump for libel?

He may have the legal right to fire her, but does he have a right to make untrue statements that damage her professional reputation?

6 replies = new reply since forum marked as read
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stopdiggin

(14,911 posts)
1. certainly not while he is sitting in the WH -(nt)-
Sat Aug 2, 2025, 11:19 AM
Aug 2025

And that's quite apart from proving knowingly false statement - in a figure that is renown as frequently and uniquely divorced ...

So the answer is ... Fat chance!

Wiz Imp

(8,700 posts)
3. I'm pretty sure she can sue him for defamation.
Sat Aug 2, 2025, 12:00 PM
Aug 2025

A court just ruled that the Central Park Five's defamation suit against Trump can go forward.

Also, I believe that her firing may well have been illegal. She was not a political appointee but a life long civil servant. It technically violates the Pendleton Act. Courts have recently ruled other Trump firings of people in similar positions were illegal.

onenote

(45,963 posts)
4. The Commissioner of Labor Statistics is a political appointment, not civil service.
Sat Aug 2, 2025, 12:57 PM
Aug 2025

She began her career as a civil servant but she became Commissioner of Labor Statistics after being nominated to the position by President Biden and confirmed by the US Senate.

Wiz Imp

(8,700 posts)
5. It's a position appointed by the President but is explicitly supposed to be non-political in nature.
Sat Aug 2, 2025, 01:34 PM
Aug 2025

Note, in the last month, a federal judge ruled that the firing of former FTC Commissioner Rebecca Kelly Slaughter by the Trump administration was illegal. Slaughter was also technically a political appointee who required Senate confirmation.

The point is, McEntarfer was not some political hack. She was a career civil servant with a background in the very work she would be overseeing.
https://apnews.com/article/who-is-erika-mcentarfer-bls-fired-by-trump-ae0b3ac36971070265dedf16223ddfd1

Before her confirmation hearing, a group called the Friends of the BLS, made up of former commissioners who served in both Democratic and Republican administrations, members of statistical associations and credentialed economists, said McEntarfer’s background made her a great choice for the job. “The many reasons to quickly confirm Dr. McEntarfer as the new BLS Commissioner all boil down to this: the agency, like the entire statistical system, is undergoing an intense, significant period of change and Dr. McEntarfer’s wealth of research and statistical experience have equipped her to be the strong leader that BLS needs to meet these challenges,” Friends of the BLS wrote.


Both Marco Rubio and JD Vance were among 86 Senators to vote in favor of her confirmation. Only 8 voted against her.

William Beach, who was appointed BLS commissioner in 2019 by Trump and served until 2023 during President Joe Biden’s administration, called McEntarfer’s firing “groundless” and said in an X post that it “sets a dangerous precedent and undermines the statistical mission of the Bureau.”

Former Labor Department chief economist Sarah J. Glynn, who received regular briefings from McEntarfer about BLS findings, said McEntarfer was generous with her time explaining what conclusions could or couldn’t be reached from the data. If the data didn’t support something an administration official was saying, McEntarfer would say so, Glynn said. She also never weighed in on how the administration should present or interpret the data, Glynn said — she would simply answer questions about the data. “She had a sterling reputation as someone who is concerned about the accuracy of the data and not someone who puts a political spin on her work,” Glynn said.

Heather Boushey, a senior research fellow at Harvard University, served with McEntarfer on the White House Council of Economic Advisers and said McEntarfer never talked politics at work. “She showed up every day to focus on the best analysis and the best approach to her field and not get political. That is what I saw from her time and again. She is brilliant and well-respected among labor economists generally,” Boushey said. “She wasn’t coming into my office to talk politics or the political implications of something. She definitely wasn’t engaging on that side of things.”

onenote

(45,963 posts)
6. The FTC case is dissimilar.
Sat Aug 2, 2025, 01:56 PM
Aug 2025

The statute creating the FTC expressly provides that an FTC Commissioner can only be removed for cause. As the District Court stated in the case brought by Slaughter, in order "to insulate the agency from volatile political headwinds that might jeopardize its mission, Congress placed restrictions on the selection and tenure of FTC Commissioners, including a requirement that they only be removed for “inefficiency, neglect of duty, or malfeasance in office.” 15 U.S.C. § 41.

Compare that to the statutory provision establishing the position of Commissioner of Labor Statistics:

29 U.S. Code § 3 - Commissioner; appointment and tenure of office; compensation:The Bureau of Labor Statistics shall be under the charge of a Commissioner of Labor Statistics, who shall be appointed by the President, by and with the advice and consent of the Senate; he shall hold his office for four years, unless sooner removed, and shall receive a salary.

Unlike the FTC, Congress placed no restrictions on the removal of the Commissioner from office.

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