The Justice Department asked the justices to lift U.S. District Judge Jia Cobb’s September 9 order temporarily blocking the Republican president from removing Cook, an appointee of Democratic former President Joe Biden. Cobb ruled that Trump’s claims that Cook committed mortgage fraud before taking office, which Cook denies, likely were not sufficient grounds for removal under the law that created the Fed.
“This application involves yet another case of improper judicial interference with the President’s removal authority – here, interference with the President’s authority to remove members of the Federal Reserve Board of Governors for cause,” the Justice Department said in the filing. Cook took part in the Fed’s highly anticipated two-day meeting in Washington on Tuesday and Wednesday in which the central bank decided to cut interest rates by a quarter of a percentage point, as policymakers responded to concerns about weakness in the job market. Cook was among those voting in favor of the cut announced on Wednesday.
Congress included provisions in the law that created the Fed to shield the central bank from political interference. Under that law, Fed governors may be removed by a president only “for cause,” though the law does not define the term nor establish procedures for removal. No president has ever removed a Fed governor, and the law has never been tested in court.
Cook, the first Black woman to serve as a Fed governor, sued Trump in August after the president announced he would remove her. Cook has said the claims made by Trump against her did not give the president the legal authority to remove her and were a pretext to fire her for her monetary policy stance.
Trump’s bid to fire Cook reflects the broad view of presidential power he has asserted since returning to office in January. So long as the president identifies a cause for removal, that is within his “unreviewable discretion,” the Justice Department said in Thursday’s filing. “Put simply, the President may reasonably determine that interest rates paid by the American people should not be set by a Governor who appears to have lied about facts material to the interest rates she secured for herself – and refuses to explain the apparent misrepresentations,” the filing stated. The administration urged the court to act immediately and issue an “administrative stay,” which would allow Cook to be removed temporarily while the justices take the time they need to decide the Justice Department’s formal request.
Cook’s lawyers quickly opposed any immediate action, saying Trump has “no urgent or compelling need” to fire Cook.
“Temporarily removing her from her post would threaten our nation’s economic stability and raise questions about the Federal Reserve’s continued independence – risking shock waves in the financial markets that could not easily be undone,” her lawyers said in a filing.
The Fed did not immediately respond to a request for comment. It has previously said it would abide by a court’s decision, and in the meantime Cook would remain in her job.
RIPPLE EFFECT
Concerns about the Fed’s independence from the president in setting monetary policy could have a ripple effect throughout the global economy.
The Cook legal battle has ramifications for the Fed’s ability to set interest rates without regard to the wishes of politicians, widely seen as critical to any central bank’s ability to function independently to carry out tasks such as keeping inflation under control.
Trump this year has demanded that the Fed cut rates aggressively, berating Fed Chair Jerome Powell for his stewardship over monetary policy as the central bank focused on fighting inflation. Trump has called Powell a “numbskull,” “incompetent” and a “stubborn moron.”
The administration has repeatedly asked the Supreme Court this year to intervene to allow implementation of Trump policies impeded by lower courts. The Supreme Court, which has a 6-3 conservative majority, has sided with the administration in almost every case it has been called upon to review this year.
For instance, the Supreme Court has allowed Trump to proceed with the removal of various officials serving on federal agencies that had been established by Congress as independent from direct presidential control. But in a May order in a case involving Trump’s dismissal of two Democratic members of federal labor boards, it signaled that it viewed the Fed as distinct from other executive branch agencies. The Supreme Court said the Fed “is a uniquely structured, quasi-private entity” with a singular historical tradition.
‘BEST READING’
Trump on August 25 said he was removing Cook from the Fed’s Board of Governors, citing allegations that, before joining the central bank in 2022, she falsified records to obtain favorable terms on a mortgage. In blocking Cook’s removal, the judge found that the 1913 law only allows a Fed governor to be removed for misconduct while in office. The mortgage fraud claims against Cook relate to actions prior to her Senate confirmation in 2022.
The U.S. Court of Appeals for the District of Columbia Circuit in a 2-1 ruling on Monday denied the administration’s request to put Cobb’s order on hold, ruling that she likely was denied due process in violation of the U.S. Constitution’s Fifth Amendment.
“Before this court, the government does not dispute that it provided Cook no meaningful notice or opportunity to respond to the allegations against her,” Judge Bradley Garcia wrote in an opinion joined by Judge J. Michelle Childs. Both judges were appointed by Biden. Judge Gregory Katsas, a Trump appointee, dissented.
“The President notified Cook of the charges against her and waited five days for her to respond before removing her,” the Justice Department said in Thursday’s filing. “Having declined to bring any defense to the President’s attention or to dispute any material facts, Cook cannot complain about insufficient process.” Trump and his appointee William Pulte, the Federal Housing Finance Agency director, have claimed that Cook inaccurately described three separate properties on mortgage applications, which could have allowed her to obtain lower interest rates and tax credits. Trump’s Justice Department also has launched a criminal mortgage fraud probe into Cook, and has issued grand jury subpoenas out of both Georgia and Michigan, according to documents seen by Reuters and a source familiar with the matter. A loan estimate for an Atlanta home purchased by Cook shows that she had declared the property as a “vacation home,” according to a document reviewed by Reuters, information that would appear to undercut the allegations against her. Thursday’s filing made no mention of that information or other reporting by Reuters that the property tax authority in Ann Arbor, Michigan, said she had not broken any property tax rules for the home there.
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