Library of Congress Photo by Wally Gobetz via Flickr

A dispute over leadership at the Library of Congress (LoC) has emerged in what appears to be a test over the separation of powers between the executive and legislative branches of government. Following the May 8 firing of Dr. Carla Hayden, former LoC deputy librarian Robert Newlen assumed the acting Librarian of Congress post. Subsequently, President Trump named Todd Blanche, his former personal attorney and current Deputy Attorney General of the United States, as the new acting Librarian, and two other Justice Department officials—Brian Nieves and Paul Perkins—in the positions of acting assistant librarian and acting register of copyrights and director of the Copyright Office respectively.

According to The Washington Post and several other major news outlets, when Nieves and Perkins attempted to enter the U.S. Copyright Office on May 12, Library staff turned them away, citing the need for input from Congress. In an email to staff that same day, as reported by Publisher's Weekly, Newlen wrote, “Congress continues to engage with the White House, and we have not yet received direction from Congress about how to move forward.” 

REMAINING NONPARTISAN

According to reporting across major media outlets, staff continue to await guidance from the congressional committees charged with LoC oversight—and questions over the future of the Library as a nonpartisan legislative branch agency hang in the balance. The Congressional Research Service (CRS), the research arm of the Library that works exclusively for members of Congress, provides confidential policy and legal analysis to lawmakers and staff of both chambers, regardless of party affiliation. In a May 12 letter to LoC Inspector General Kimberly Benoit, six members of the Committee on House Administration, which is tasked with LoC oversight, requested an investigation into communications between the Library and the executive branch, specifically asking “whether Department of Government Efficiency (DOGE) or other executive branch entities have requested or otherwise attempted to access or review Library data, including but not limited to communications between the Congressional Research Service and congressional offices.”

Concern also extends over who will control the repository of copyright material housed in the U.S. Copyright Office, which is part of the LoC. Just two days after firing Hayden, President Trump also fired Shira Perlmutter, head of the U.S. Copyright Office. In response to her termination, Democratic Rep. Joseph Morelle (NY-25), the ranking member of the Committee on House Administration, speculated in a statement about the timing of her dismissal and a report on AI released by the Copyright Office, noting, “[the President] acted less than a day after she refused to rubber-stamp Elon Musk’s efforts to mine troves of copyrighted works to train AI models.”

On May 22, Perlmutter sued President Trump and other government officials, arguing that her dismissal was unconstitutional. According to the lawsuit, “The Administration’s attempts to remove Ms. Perlmutter as the Register of Copyrights are blatantly unlawful. Congress vested the Librarian of Congress—not the President—with the power to appoint, and therefore to remove, the Register of Copyrights.”

WILL CONGRESS ACT?

Politico reported on May 21 that Senate Appropriations Chair Susan Collins (R-ME) “thinks Congress needs to take charge in naming the heads of major legislative branch agencies, including the Library of Congress and Government Accountability Office.” Senator Amy Klobuchar (D-MN) recommended modifying the process for appointing the Librarian of Congress, citing legislation she wrote that removed presidential involvement in appointing the architect of the Capitol. “Just like we changed the rules with architect the Capitol, we should change them here,” she told reporters.

Legislation that would grant appointment authority for the Librarian of Congress, the leader of a legislative branch agency, exclusively to Congress is one potential path forward.

Library professionals who are concerned about the independence of the Library of Congress should "reach out to your member of Congress,” says one source who spoke on the condition of anonymity, “and do so quickly.” The White House’s effort to install new leadership at the Library was staved off because staff are awaiting direction from Congress.

The Librarian of Congress is not appointed at the sole discretion of the president—an appointment requires Senate confirmation. According to reporting by The New York Times, LoC staff are currently following internal procedures by keeping Newlen in charge, but more permanent answers to questions about the future of the Library as a nonpartisan legislative branch agency appear to lie, at this time, with members of Congress.