On August 27, 2025, President Trump unlawfully removed Robert E. Primus from his position as a member of the Surface Transportation Board (STB) — the independent federal agency responsible for regulating freight rail and other interstate transportation systems. The President gave no reason for the removal, as confirmed in an email from the White House Personnel Office that simply stated:

“On behalf of President Donald J. Trump, I am writing to inform you that your position as a member of the Surface Transportation Board is terminated, effective immediately.”

STB members are protected from removal except for inefficiency, neglect of duty, or malfeasance in office, reasons that have not been justified by President Trump’s decision in this case. Those statutory protections — originally established for the Interstate Commerce Commission (ICC) in 1887 and carried over to the STB in 1995 — exist to ensure the agency remains independent from political interference.

After his removal, Primus’s access to his office, government email, and STB systems was immediately cut off. 

On October 1, 2025, Primus filed a lawsuit in the U.S. District Court for the District of Columbia against President Trump, STB Chairman Patrick J. Fuchs, and the Surface Transportation Board. Democracy Forward and Justice Legal Strategies represent the plaintiff.

The complaint details the STB’s long history as an independent, bipartisan body and states that the President’s removal power is constitutionally limited when applied to officials performing quasi-legislative and quasi-judicial duties rather than executive ones.

The lawsuit asks the court to:

• Declare the removal unlawful
• Restore Primus to his seat on the STB
• Enjoin STB and its Chairman from blocking his access to his office, email, and duties
• Affirm that STB members cannot be removed without cause prior to their term expiration, which in Prime’s case, runs through December 31, 2027.

The case is Robert E. Primus v. Trump