Department of Justice Office of Legal Counsel May 26, 1978 (Whether the Special Counsel for the Merit Systems Protection Board May Be Protected by Statute From Removal by the President Except for Specific Cause)

May 2 6 , 1978

78-30 MEMORANDUM OPINION FOR THE GENERAL

COUNSEL, CIVIL SERVICE COMMISSION

Presidential Appointees— Removal Power— Civil

Service Reform Act— Constitutional Law (Article II,

§ 2, cl. 2)

This is in response to your request for our opinion concerning whether the

Special Counsel of the Merit Systems Protection Board (the Board), under the

proposed Civil Service Reform Act of 1978, S.