Trump's dispute with the Fed puts agency independence in question
The conflict between President
The dispute rests on the president's power to remove officials from independent agencies and the hard line between removing for cause and removing for political reasons.
"There is no statutory protection spelled out for the chairman's status as chairman so it would be the conventional understanding that it would always be within the president's discretion to designate a different chair," Shane said. "As far as being a member of the board of governors in the
Powell believes Trump's desire to remove him and sue him is punishment for the
Trump's issues with Powell, the chairman he appointed in
More recently, Trump has also targeted Powell over his handling of the
The Trump administration has opened an investigation into the renovation.
U.S.
With Humphrey's Executor being the precedent,
The president has not yet made a move to remove Powell but he has attempted to fire Fed board Gov.
Whether the fraud allegations constitute good cause for firing is a central issue the
"At the end of the day it would be surprising if they said the president has the power to fire members of the board at will or for a pretextual cause," Shane said.
Powell and Cook have not been indicted by the
"The question is does the alleged appearance of some smoke give them reason to say this is good cause?" Shane said.
The result of that case may make the high court's position on presidential power clearer in respect to independent agencies.
There is no modern precedent that distinctly defines what is and is not "good cause" for the firing of a federal official by the president. The threshold for "cause" is assumed to be high and not to be met solely on suspicion of wrongdoing.
Shane warns that assumptions are difficult to make about the issues at hand.
"It's hard to refer to anything as a generally accepted understanding because it's never been tried before," Shane said. "The assumption, I think, the conventional view is this is not going to happen unless there is reason to think the person has behaved corruptly or somehow lacks the capacity to discharge his or her functions. They would regard the bar as very high."
At stake in the case of Cook and particularly Powell is more than either of their positions, Shane said. The credibility of
Monetary policy in
The decentralized approach by
The lawmakers who crafted the Federal Reserve Act were also leery of the government having too much direct control over the
"It's dangerous to allow the monetary policy of the country to be set by whoever is running for reelection," Shane said. "Every president facing a tough economy would love to see monetary policy ease. That's never unpopular with voters."
The court has often deferred to the power of the executive branch under Trump, whether he was in office at the time or not.
In 2024, the court broadened the scope of presidential immunity, shielding Trump from prosecution from attempting to overturn the results of the 2020 presidential election. Last year it upheld the Trump administration's decision to cut previously congressionally approved funding and close
Trump and his way of governance has prompted the
"What Trump is counting on is the


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