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US judge sets quick schedule in Fed governor Cook’s lawsuit over firing

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Federal Reserve Governor Lisa Cook’s Case Against President Trump

Federal Reserve governor Lisa Cook has taken a stand against President Donald Trump, suing him and the Fed to block her potential removal from the US central bank. The lawsuit claims that Trump’s reason for removing her is unsubstantiated and a pretext to fire her for refusing to lower interest rates.

Background of the Case

Cook was appointed to the Fed in 2022, and Trump has been critical of her and the Fed’s policies. Recently, Trump accused Cook of committing mortgage fraud before taking office, which she has denied. Cook claims that even if she had committed mortgage fraud, it would not be grounds for removal because the alleged conduct occurred before she was confirmed by the US Senate and took office.

The Hearing and Potential Consequences

A federal judge has agreed to set an expedited briefing schedule in Cook’s bid to temporarily block Trump from firing her. The hearing is the first step in what will likely be a protracted legal battle that could upend the Fed’s historical independence. Concerns about the Fed’s independence from the White House in setting monetary policy could have a ripple effect throughout the global economy. The US dollar has already stumbled against other major currencies since Trump announced his intention to remove Cook.

The Law and Past Precedents

The law that created the Fed says governors may be removed only "for cause," but 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’s emergency motion to block her removal pending further litigation is being taken up by a judge who will have to decide whether her lawsuit is likely to succeed and whether she faces irreparable harm if she is removed.

Arguments from Both Sides

Trump administration lawyers argue that alleged mortgage fraud is sufficient cause to remove a Fed governor, regardless of when it happened. They also claim that giving Fed governors protections from removal violates the president’s broad constitutional powers to control the executive branch. Cook counters that federal laws limiting the president’s ability to remove officials from other agencies define cause as negligence, malfeasance, or inefficiency that occurs when an official is in office, and the same standard should apply to the Fed.

Potential Outcome and Future Implications

The case will likely reach the US Supreme Court, where a conservative majority has tentatively allowed Trump to fire officials from other agencies despite laws shielding them from removal. However, the court has distinguished the Fed from those agencies, citing its unique structure and "distinct historical tradition." Cook’s departure would allow Trump to name his fourth pick to the Fed’s seven-member board, which could have significant implications for the country’s monetary policy.

Conclusion

In conclusion, the case of Federal Reserve governor Lisa Cook against President Trump is a complex and significant one, with potential consequences for the global economy and the independence of the Fed. The outcome of the case will depend on the interpretation of the law and the decisions of the judges involved. Regardless of the outcome, the case has already highlighted the importance of the Fed’s independence and the need for clear laws and procedures governing the removal of its governors.

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