Something resembling the alignment of all of the planets has occurred. The New York Times, Washington Post, and the Wall Street Journal all have editorials opposing the firing of Lisa Cook as a governor of the Federal Reserve.
President Trump’s attempt to fire the Federal Reserve governor Lisa Cook is a grab for power in defiance of the nation’s laws, and if it succeeds, it will be to the detriment of the nation’s interests.
When Congress created the Fed in 1913, it gave the president the power to appoint the central bank’s governors, but it did not grant the power to remove them at will. Mr. Trump does not appear to regard that law as a binding constraint. He has made clear that he wants to replace the Fed’s leaders because they have resisted his demands to lower interest rates. In pursuit of this goal, he now says he is firing Ms. Cook because of “potentially criminal” behavior.
The law does allow the president to remove Fed governors “for cause,” and Mr. Trump has not presented any evidence of wrongdoing by Ms. Cook, an economist whom President Joe Biden appointed to the job three years ago. Mr. Trump has asserted that she “may have made false statements on one or more mortgage agreements.” We have two words for the president: Prove it.
It’s not hard to find mistakes in the Federal Reserve’s recent history, but Donald Trump’s latest attempt to erode the institution’s independence is dangerous. The president wants lower interest rates, but any benefits coming from that would probably be outweighed by supercharged inflation and the economic hangover that comes with it.
On Monday night, Trump announced that he would try to fire Fed governor Lisa Cook, whose term otherwise expires in 2038. He cited an unproven allegation of mortgage fraud that one of his appointees dug up and broadcast on social media, but Cook denies wrongdoing, and her attorney says she will “take whatever actions are needed” to stay on the job.
That fight could reach the Supreme Court. The conservative majority has been friendly to the idea that the president can fire executive branch employees at will. Yet the Fed, the justices wrote in May, is “a uniquely structured, quasi-private entity that follows in the distinct historical tradition of the First and Second Banks of the United States.”
President Trump has long wanted to control the Federal Reserve, and on Monday night he made his power play by firing Fed Governor Lisa Cook. A central bank with even a semblance of independence may be the casualty.
Mr. Trump has resisted his itch to fire Fed Chair Jerome Powell on the savvy advice that he could rattle markets and trigger an extended court battle. But Ms. Cook said Tuesday she’ll challenge her removal, so Mr. Trump will still get his legal fight in what could be a landmark case.
The Cook firing is a calculated putsch. Federal Housing Finance Agency director Bill Pulte teed up the dismissal last week when he posted a criminal referral for Ms. Cook on social media. He said she may have committed mortgage fraud by claiming two different homes as primary residences on mortgage applications in 2021, which may have enabled her to get favorable loan terms.
Intentionally misrepresenting information on a mortgage application is wrong and a federal crime. But we haven’t seen the details or Ms. Cook’s explanation. There’s also a question of selective prosecution, since Mr. Pulte’s crackdown on mortgage fraud seems to be aimed only at Mr. Trump’s opponents. Ms. Cook deserves more due process than a presidential declaration of guilt on Truth Social.
The criminal referral is a threat to other Fed governors: Cut rates, or else. It is also a pretext to fire Ms. Cook “for cause.” The referral, Mr. Trump wrote to Ms. Cook, provides “sufficient reason” to believe she “exhibits the sort of gross negligence in financial transactions that calls into question your competence and trustworthiness as a financial regulator.”
In reading these editorials a number of common themes emerge.
First, the editors are clearly not particularly fond of Donald Trump. Nor am I for that matter.
Second, they don’t know what “termination for cause” means. In the private sector it means termination based on behavior of the individual—malfeasance, misfeasance, or nonfeasance. Or it may mean a difference in policy views between the employer and the employed. Somewhat like “rational basis” in legal terms it means there’s a reason. It doesn’t mean “guilt beyond reasonable doubt”.
For federal civil service employees “termination for cause” is much more restricted. It means misconduct, performance deficiencies, loss of security clearance, or criminal conviction and there are due process requirements. That brings me to the third point.
I have long been skeptical of public-private hybrids of which the Federal Reserve is one. I do not believe that the Constitution empowers the Congress to create institutions outside the scope of the legislative branch and that are not subordinate to the president.
Is the Federal Reserve a department of the executive branch of government or a private organization? If it is a private organization whose employees the president may terminate for cause, then President Trump is acting within his authority in terminating Ms. Cook. If Federal Reserve employees are government employees they should receive civil service protections and otherwise be treated like civil service employees including how they are paid. That would mean that President Trump has acted wrongly in terminating Ms. Cross but it also means that Federal Reserve governors are being paid twice what they should be paid.
Shortly after the Federal Reserve was created in 1913 (at that time the Secretary of the Treasury was chairman of the Federal Reserve) President Wilson importuned the Fed to create war bonds. It acceded. Said another way, the Federal Reserve was politicized almost from its creation. Complaining about it now is a bit late.