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Instant Reaction: Supreme Court Blocks Trump from Firing Fed's Lisa Cook | Bloomberg Talks

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Instant Reaction: Supreme Court Blocks Trump from Firing Fed's Lisa Cook | Bloomberg Talks

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>> Bloomberg Audio Studios podcasts radio

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news.

1:31

>> This is a breaking news update from

1:34

Bloomberg. Instant reaction and analysis

1:37

from our 3,000 journalists and analysts

1:40

around the world.

1:41

>> Paul, we have some breaking news. The

1:43

Supreme Court, of course, publishing its

1:44

opinions today. It has expanded the

1:47

president's power to fire top officials.

1:49

Um, it refuses to let the president

1:52

immediately oust uh Lisa Cook, however,

1:54

and Lisa Cook is now uh currently

1:57

allowed to stay in the job for now.

1:59

>> All right, let's bring in uh June

2:01

Graasso, Bloomberg's legal uh analyst

2:03

here. She joins us here in studio. Let's

2:05

start with the Lisa Cook uh decision

2:07

here. June, can you summarize what's

2:09

going on here? So um Lisa Cook as you

2:13

know Federal Reserve governor and Donald

2:16

Trump tried to fire her on the basis of

2:19

allegations of mortgage fraud. So there

2:22

was no any kind of procedure at all

2:25

before he said that. So during that oral

2:28

arguments it was pretty clear that the

2:30

Supreme Court justices were going to

2:33

vote with Lisa Cook and not allow Trump

2:35

to do that because of the status of the

2:38

Federal Reserve. And during the oral

2:39

arguments, there were a lot of questions

2:41

by the conservatives as well about, you

2:45

know, why was there no process here? She

2:47

had absolutely no process. What would it

2:49

take for you to have some kind of a

2:52

hearing at least before this happened?

2:53

So, there was concern on their part and

2:56

Justice Brett Kavanaaugh had said prior

2:57

to that that the Fed is different. So,

2:59

that was expected. Now, as far as the uh

3:03

slaughter case where she's on the FTC,

3:07

um they say that that's different and

3:10

because it's not the Fed, but what this

3:12

does is this really expands presidential

3:15

power. It means that the president has

3:17

the authority to fire people at the top

3:20

of what, like 20 agencies or so. And

3:23

what they've done here is they've um

3:25

done away with Humphrey's executive

3:27

which was a decision which is standing

3:30

for about 70 80 years I think about the

3:33

ability of presidents to fire people

3:36

which was that there was no ability for

3:38

them to fire people at the head of

3:40

agencies and they've been cutting back

3:41

on that bit by bit by bit and now they

3:43

appear to have gotten rid of it since

3:45

they I haven't read the opinion yet

3:47

obviously since they're um they're

3:49

allowing the uh slaughter to be fired.

3:53

And one more thing too, if you notice

3:55

this week, what's happening and last

3:57

week, what's been happening is that

3:59

they're they're releasing opinions at

4:02

the same time that have to do with the a

4:04

similar issue. And what I think is

4:06

happening too is the it used to be that

4:09

all the big decisions were loaded to the

4:11

very end, the last day. But now we're

4:13

seeing big decisions this week and last

4:15

week. And I think the chief is trying to

4:17

mix it up so we don't have a day on the

4:19

last day of the opinion. and there were

4:21

five six, you know, there were five six

4:23

to3 decisions and they were all in these

4:25

big cases. So, I think that that's

4:27

what's happening here.

4:29

>> So, let me just um make sure I

4:31

understand. Um the Supreme Court ruled

4:33

that Lisa Cook, a Federal Reserve

4:34

governor, can stay in her job for now.

4:36

>> What's now?

4:38

>> That's a that's a good question, but

4:39

it's while litigation continues. Right.

4:41

>> Right. Right. So, yeah, because they've

4:43

had no litigation at all. He just said

4:45

you're you know, hello. I want she's

4:47

getting her due process. In other words,

4:49

>> see she Well, I assume that we have to

4:51

see what what the what the president

4:53

does now. Are they going to go forward

4:54

with this? Are they going to bother to

4:56

go forward with this and have it

4:57

litigated? Probably. And she's got one

5:00

of the best uh Supreme Court litigators

5:02

around, the former um former solicitor

5:05

general Paul Clement, who is just really

5:08

his record at the Supreme Court is

5:09

phenomenal. And I think he is the one

5:11

who has argued the most cases at the

5:13

court. And you can see the difference

5:15

the justices pay to him when when he's

5:17

arguing. So I mean that will go on her

5:19

litigation will go on to um you know to

5:22

stop this but you know by the time who

5:24

knows by the time it gets done Trump

5:26

could be out of office. I mean the way

5:28

these things drag on.

5:29

>> So the president's efforts to push her

5:32

out of the uh central bank's board that

5:35

is not going that failed. But and you

5:38

were saying that his ability to oust

5:41

other government agency leaders has been

5:45

expanded.

5:45

>> Right. This is all part of that theory

5:47

called the unitary executive theory. I

5:49

don't know if you've heard about it, but

5:50

it's like that um this people who

5:53

believe that the power of the executive

5:55

branch should be in the president. So

5:57

all these agencies are executive branch

5:59

agencies. So the president should have

6:01

the ability to fire the people who are

6:03

in charge of the executive branch

6:04

agencies. But I mean, you know,

6:06

>> the Fed is different.

6:07

>> The Fed is different. But I mean, so

6:09

with a with a with a the normal

6:11

president or the prior presidents, you

6:13

wouldn't worry about what was going to

6:15

happen because there wouldn't be a

6:16

wholesale you're fired. But, you know,

6:18

this opens the door. And people have

6:21

been worried about um them doing away

6:24

with that Humphre executive opinion. And

6:26

>> so the risk there is that these agencies

6:29

perhaps lose some of their independence.

6:32

>> Yes. Yeah. Yeah. because you know if if

6:34

the president doesn't like what you're

6:36

doing you're fired you know but I mean

6:39

in reality he he is controlling he has

6:41

put most people in those agency heads

6:43

right talking about the FCC and things

6:45

like that so um I don't know that

6:47

they'll we'll see anything happening

6:49

right away but it's a huge win and this

6:52

court as you know has been expanding

6:55

presidential power over and over again I

6:57

mean you had those decisions where um

7:00

you know nothing the president does in

7:03

office in his duties can he be

7:06

prosecuted for or so I mean I this court

7:10

just believes in presidential power and

7:12

one has to wonder when the next

7:13

president comes in if they're not

7:15

Republican what whether they'll start

7:17

cutting back on presidential power. I

7:19

mean I think it's worth noting here that

7:21

stocks fell to session lows or maybe not

7:24

fall. Um they paired their gains and

7:26

were at session lows right around the

7:28

time that this opinion was published.

7:30

They've since come back a little bit and

7:31

we're looking at modest gains in the S&P

7:33

Dow and NASDAQ. The Russell 2000 is uh

7:36

lower by 1.1%. So among the headlines

7:38

that we got is the Supreme Court letting

7:40

uh Lisa Cook, a Federal Reserve

7:42

governor, stay in her job. This is a

7:44

case that really tested the central

7:45

bank's independence from the White

7:47

House. So this is a defeat for the

7:49

president's efforts to oust her uh over

7:52

these um mortgage fraud allegations. At

7:55

the same time, we also heard that the uh

7:57

Supreme Court has uh basically said that

7:59

the mail-in ballots can arrive after

8:03

election day. That's another defeat for

8:04

the president. Um and certainly this is

8:07

relevant given that we're at a midyear

8:09

ele um midterm election year. Um on the

8:13

other hand, and June, this is where it

8:14

gets a little complicated. The other

8:16

government agencies are not seen as

8:20

>> independent really because the president

8:22

can let go of whoever he wants to.

8:24

>> Yeah. And I, you know, I I'm trying to

8:25

pull up the opinion just to see what

8:27

they're, you know, how they how they

8:29

parsed out these two um these two cases,

8:33

but I'm not getting it. I'm not getting

8:35

it. I guess I refresh refresh.

8:38

>> How about this mail uh this ballot case?

8:40

Just give us your thoughts on that. That

8:42

was a that was a surprise actually the

8:44

the ballot case because that's about

8:46

Mississippi has a law as do more than 20

8:49

other states that as long as the ballot

8:53

is postmarked by election day it can

8:55

come in 5 days up to 5 days after and

8:58

it'll still be counted. So, uh, the

9:01

Republicans were against this.

9:02

Obviously, President Trump is against

9:05

this and any kind of mail-in ballots.

9:07

And during the oral arguments, a lot of

9:09

the conservatives seem to be in favor,

9:12

although the Chief Justice and Justice

9:14

Barrett were wondering, well, would this

9:17

affect what about states that have all

9:19

mailin ballots if we say that? So, the

9:21

the argument is in the Constitution says

9:24

election day is this day, so you

9:25

shouldn't be extending it any further.

9:27

Well, if you can't extend it further,

9:29

then can you go, you know, can you also

9:31

say, well, they can come in ahead of

9:33

time. So, I think that was part of the

9:35

reasoning and I um Justice Barrett wrote

9:37

the opinion, but so that's a huge s

9:40

surprise and it was 5 to four and um so

9:44

the most conservative in the in the uh

9:47

no column and um so that's big because

9:50

that could have affected the elections,

9:52

the midterms coming up in in so many

9:54

states, more than 20. So that's actually

9:56

a a big decision and it is a surprise.

9:59

>> Okay, very good. June, thank you so

10:00

much. Appreciate it. June Graasso is a

10:02

legal analyst uh for Bloomberg News.

10:04

We'll let her go back and do that lawyer

10:05

thing like actually read uh the c the

10:08

decision.

10:08

>> I know we put her in an unfair position

10:10

because she she was working without the

10:12

text.

10:13

>> I just want the AI like cliffnotes.

10:15

>> Oh, thanks a lot.

10:17

>> I'll be leaving

10:18

>> one one pager. Uh Jared, thanks so much.

10:20

We appreciate that as always. Let's go

10:22

to Elliot Stein, litigation analyst for

10:24

Bloomberg Intelligence. Elliot, I want

10:25

to go to to the uh the Lisa Cook case

10:29

for me. Um for now, what does for now

10:32

mean? That she can stay in her job for

10:34

now?

10:35

>> Yeah, exactly. Well, this um whole

10:37

appeal was based on a preliminary ruling

10:40

by the trial court earlier in the case

10:43

um saying that she could stay in her

10:45

position while the rest of the case

10:48

would continue. And so that's really the

10:51

issue that the Supreme Court was looking

10:52

at and they said yes, she can stay in

10:54

her position, but but the real important

10:57

part of the ruling is that they said the

11:00

four cause um removal restriction

11:03

requires that she have some sort of

11:06

notice and opportunity to be heard,

11:08

which uh the president and the

11:10

administration did not offer her. So

11:11

that that's sort of the crux of the

11:13

ruling.

11:14

>> Okay. So her litigation can continue or

11:17

the um White House's litigation can

11:19

continue as well. Who hears who hears

11:22

out this case?

11:23

>> So this will go back to the lower courts

11:25

and and I should preface this by saying

11:27

I haven't read the full decision. I read

11:29

the brief summary you referenced. You

11:31

know, you want AI, but the Supreme Court

11:33

sort of gives you a a brief summary at

11:35

the beginning of the opinion which I

11:36

skimmed. Um but uh I think the way it's

11:40

going to proceed is um that it will be

11:43

sent back down to the trial court um for

11:46

them to issue a final ruling. But the

11:49

administration presumably if they want

11:52

will have to offer her some sort of

11:53

notice and opportunity to be heard if

11:55

they want to be able to continue to try

11:58

to fire her. Otherwise the trial court

12:00

is going to rule in her favor. So to the

12:03

extent the administration wanted to

12:04

extend litigation what it has been known

12:06

to do in in the past what's a timeline

12:09

for a case like this because I'm

12:11

wondering does she have to worry about

12:13

you know is this something that could

12:14

take drag on for years in which case the

12:16

admin Trump administration will you know

12:18

end or how does that

12:19

>> yeah I mean it it's a little unclear

12:22

exactly how it's going to proceed

12:24

presumably if the Trump administration

12:27

continues to want to remove her from the

12:29

Fed based on these accusations of

12:32

mortgage fraud, they'll have to have

12:34

some sort of proceeding, not a full

12:35

trial, but some sort of like

12:37

administrative proceeding where she can

12:38

present her defenses. If they don't, if

12:41

the administration doesn't want to do

12:42

that, the case is essentially over. The

12:44

trial court will rule in her favor and

12:45

say there was no notice and opportunity

12:47

to be heard uh pursuant to what the

12:49

Supreme Court said this morning.

12:50

>> Okay. So, is the Supreme Court's role in

12:53

Lisa Cook done?

12:54

>> For now. for now. It could always come

12:56

back later because I don't know if we

12:58

have um real resolution on substantively

13:03

what cause requires, right? We sort of

13:06

know now procedurally what it requires.

13:08

I'm not sure the Supreme Court I haven't

13:10

read the full opinion. Again, I'm not

13:11

sure they got into the actual uh

13:15

definition of what for cause requires

13:17

substantively.

13:18

>> Okay. What does this say about how the

13:20

Supreme Court views the Federal Reserve

13:23

versus other government agencies?

13:25

>> Yeah, this is a very good point because

13:26

the other opinion, one of the other

13:28

opinions that they issued, but

13:30

simultaneously with the Cook decision

13:32

was the Rebecca Slaughter opinion. She

13:34

was an FTC commissioner. As you recall,

13:36

President Trump fired multiple

13:39

commissioners from independent agencies

13:41

who were appointed by Democrats uh for

13:43

the most part. Um he uh challenged that

13:47

as did many other commissioners and um

13:49

the Supreme Court early on sort of

13:51

hinted that um the president would be

13:55

able to fire these other commissioners

13:57

of independent agencies but the Federal

13:59

Reserve is different and we saw that

14:01

very clearly today because the pre the

14:04

Supreme Court said that the president

14:06

could indeed fire Rebecca Slaughter and

14:08

other independent commissioners. I

14:10

haven't read that opinion either, but

14:11

presumably they uh overruled the Humphre

14:15

executive decision from 90 years ago

14:18

which established that the four cause

14:19

removal restriction was constitutional

14:21

for independent agencies. I suspect now

14:24

they're going to say it's

14:25

unconstitutional.

14:26

>> I feel like this today was a win. I

14:28

think that that slaughter case is huge.

14:31

>> The slaughter case is a big deal. It's

14:33

absolutely

14:34

>> reshape. Yeah. But that's not just a win

14:36

for Trump. That's a win for the

14:38

executive branch because the next

14:40

president who comes in can fire any

14:43

>> commissioner of an independent agency

14:45

appointed by a Republican that they

14:46

don't like.

14:46

>> So, a better way to phrase that, it's a

14:48

win for the executive branch.

14:49

>> Yeah. And he's going to be very upset

14:50

about the Lisa Cook decision and also he

14:53

uh in an earlier order it sounded like

14:55

he lost his ser petition on the uh case

14:59

and on the mail and balance and the Jean

15:01

Carol. Exactly. There's a lot going on.

15:03

>> So net net he's probably going to be

15:04

angry this afternoon.

15:06

for the executive branch though I'm not

15:09

sure I mean so now the question for a

15:10

lot of just scholars constitutional

15:13

scholars is

15:15

>> isn't it aren't these agencies their

15:17

ability to be independent isn't that a

15:18

good thing and I guess that's the debate

15:21

>> uh so you have to balance that on the

15:24

one hand versus this theory called the

15:25

unitary executive theory that the

15:27

president should be able to hire and

15:31

fire anyone he wants in the executive

15:33

branch and that he oversees the entire

15:35

executive branch And if you have these

15:37

independent commissioners that the

15:39

president can't fire, you almost have

15:40

this fourth branch of government. That's

15:43

the counterargument.

15:44

>> Interesting. Okay.

15:45

>> We have some comments from Senator

15:46

Elizabeth Warren of Massachusetts. Um

15:49

she is commenting on the Lisa Cook

15:51

Supreme Court decision. Says we'll keep

15:53

fighting back against attacks on the

15:55

Fed. Uh she also talks about Bill Bill

15:57

Py and how he can't be trusted should be

15:59

removed. that that's separate from again

16:01

uh her comments on Lisa Cook and how uh

16:04

according to Senator Warren, she or her

16:07

party will keep fighting back against

16:08

these attacks on the Federal Reserve.

16:11

What are the White House's options now?

16:13

How does it move forward with Lisa Cook

16:15

specifically?

16:16

>> Well, I think if they want to continue

16:17

to go after her for these accusations of

16:19

mortgage fraud, they can, but they'll

16:21

have to have some sort of proceeding

16:23

where she's allowed to present her

16:24

defenses. I think that's basically it.

16:27

It's unclear exactly what that looks

16:28

like.

16:29

um the Supreme Court in in the brief

16:31

summary that I was able to read before

16:32

coming on said it it doesn't have to be

16:34

a full-blown trial, but they have to

16:37

give her some opportunity to be to be

16:39

heard and present her defenses.

16:41

>> And just to put some context on uh

16:42

Senator Warren's comments about Bill Py,

16:44

Bill Py was the one who brought up the

16:46

fact that Lisa Cook um perhaps had these

16:50

u

16:51

misrepresented her mortgage application,

16:54

right? because he's the head of the FHFA

16:56

and he brought it to the president's

16:57

attention and that kind of got

16:59

everything started, Paul, with um this

17:01

allegation of mortgage fraud.

17:02

>> So, if I'm a agency head appointed by

17:06

anybody other than Donald Trump, am I

17:08

nervous about my job today?

17:10

>> Probably. But but he I think he's

17:11

already fired most of the ones he wants

17:13

to fire. I mean, I'm serious. Look at

17:15

the CFTC. You have one

17:18

>> you have the chairman and that's it. No

17:19

other commissioners. And so, you know,

17:21

the effect of that is you don't have

17:23

you're probably not going to change the

17:24

votes because you're always going to it

17:26

was always tradition that the chair

17:27

would resign and let the incoming

17:29

president appoint someone from his own

17:31

party. Okay. But you're not going to

17:32

have dissenting voices now to push back

17:35

on the majority in these agencies. And I

17:37

think that's really the the big effect

17:39

>> is that how much of this is a surprise?

17:41

What what surprises you about this

17:43

string of decisions?

17:44

>> Nothing. This was exactly as we

17:46

anticipated that Humphrey's executive

17:49

would be overruled. the president would

17:51

be able to fire commissioners of

17:52

independent agencies under the unitary

17:54

executive theory. Um but the Supreme

17:56

Court gave us hints as far back as last

17:59

year that the Federal Reserve is

18:01

different um just based on it. It said

18:04

it has a unique structure, a unique

18:06

history. It's uh not really it's sort of

18:09

this quasi private entity because it has

18:12

a mix of being a government entity and

18:14

also private uh sector members um who or

18:18

at least private sector members who vote

18:20

in some of the regional bank presidents.

18:23

Um so it it it didn't come as a

18:26

surprise. We thought the Fed would be

18:27

treated differently.

18:28

>> Mail and ballot. Was that a surprise?

18:30

>> Um that's a little bit of a surprise. I

18:31

don't follow that case. It doesn't have

18:33

a huge doesn't have a business impact.

18:35

Um, fair,

18:36

>> but yes, I would say it's a little bit

18:38

of a surprise. Um, and I think June

18:40

probably touched on that earlier.

18:41

>> All right, good. Elliot Stein, great

18:42

stuff as always. Elliot Stein, Bloomberg

18:44

intelligence litigation analyst. See,

18:46

that law school paid off.

18:48

>> Totally.

18:50

>> He started strong at Stanford and then

18:51

he took a wrong turn going to law

18:53

school. I mean, I don't know. I don't

18:54

know.

18:54

>> He did that all without the benefit of

18:56

reading the full text. So, thank you

18:58

Elliot for doing that.

18:59

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21:09

Tyler Kendall joins us here. Uh she is

21:12

outside of the Supreme Court. She's a

21:13

Bloomberg News Washington correspondent.

21:15

Tyler, what's the feeling do you think

21:17

within what do you think the takeaway

21:18

will be from this president, from this

21:20

administration about this busy busy day

21:23

of Supreme Court rulings?

21:26

>> Well, by and large, Paul, the

21:27

administration got a win when it comes

21:29

to the Trump v. Slaughter case,

21:31

essentially uh expanding the president's

21:33

authority to remove independent heads of

21:36

uh independent agencies. Rebecca

21:38

Slaughter was the last Democratic

21:39

commissioner on the Federal Trade

21:41

Commission. So that is considered to be

21:43

a win for the Trump administration. Uh

21:46

not necessarily a surprising decis

21:48

decision. The deci the justices had been

21:51

a little bit wary of the idea that the

21:53

president wouldn't be able to uh remove

21:56

officials that are accountable to the

21:59

executive branch. But the Lisa Cook

22:01

decision means that uh she can stay in

22:05

her job at least for now. Which means

22:07

that that legal fight does continue. The

22:09

justices did not weigh in on whether or

22:12

not they believed that the Trump

22:13

administration's accusations rise to the

22:16

level that Lisa Cook should be fired,

22:18

which means this is still a stay tuned

22:20

situation. But by and large, that part

22:23

of the decisions today does mark at

22:25

least partially a setback for uh this

22:28

White House.

22:29

>> So when it comes to Lisa Cook, uh I

22:32

guess a lot of people are wondering what

22:34

that means for J. pal because the former

22:37

Fed chair had said that he would stay on

22:39

the Federal Reserve board um until legal

22:42

issues are resolved. And maybe Lisa Cook

22:44

was one of them, but I I guess the Fed

22:46

renovation um and the DOJ's action

22:49

against um the Fed and JPAL specifically

22:52

is still it's still out there, isn't it?

22:56

>> Yeah. And it could come back up. There

22:57

were a few different threads that we

22:58

were watching in this case, Scarlet. One

23:01

is the idea of equities. Basically, that

23:03

the justices were looking into what the

23:06

broad range impacts would be when it

23:08

comes to the Federal Reserve and what

23:10

would happen to the US economy if a

23:12

governor was removed. And I bring that

23:14

up because we heard this be uh one of

23:17

the main arguments from one of the

23:19

conservative justices, Brett Kavanaaugh.

23:21

His line of questioning back when this

23:23

case was heard in January, very much

23:25

focused on this. I'm trying to find the

23:27

quote. at the time he said that if Lisa

23:29

Cook was removed it would quote weaken

23:32

if not shatter the independence of the

23:34

Fed and today the decision was 54 and

23:36

that included Brett Kavanaaugh uh siding

23:38

with the liberal justices on this court

23:41

in favor of Lisa Cook being able to keep

23:43

her job for now. So that's probably a

23:46

thread that would make its way through

23:47

if uh a case against Powell ultimately

23:51

uh came up. And the second is the idea

23:53

that Lisa Cook wasn't given uh

23:55

essentially due process in responding to

23:57

the allegations against her before she

24:00

was fired. You remember when all of this

24:01

was happening and essentially she was

24:03

fired via a tweet uh from President

24:05

Trump without uh much chance to respond

24:08

to the allegations uh that were posted

24:10

on social media. So there are a lot of

24:12

different factors in this case, but by

24:14

and large it is taken to mean that the

24:17

Supreme Court bolstered the independence

24:19

of the central bank. Tyler, we also had

24:21

a ruling uh Supreme Court earlier today

24:23

left intact a jury's finding that Donald

24:26

Trump sexually abused and defamed the

24:28

writer E Jean Carol, putting her in line

24:30

to collect a $5 million award from the

24:33

president. What has the president

24:35

commented on on this particular case?

24:39

So, we haven't heard from him yet today,

24:41

and the justices didn't really provide

24:43

much of an explanation for this uh

24:46

decision, but uh this probably isn't

24:49

going to be something that President

24:50

Trump uh is too happy with. This does

24:52

deal essentially a final blow to

24:54

President Trump's efforts to thwart

24:56

thrott uh end one of the most

24:58

significant legal cases uh against him.

25:01

It was another one that we were tracking

25:02

closely, but it wasn't uh heard in the

25:05

standard term of the Supreme Court. So,

25:07

it came out earlier this morning instead

25:09

of with this ruling. Instead, uh we just

25:11

got uh this Supreme Court decision,

25:13

which uh uh means that uh President

25:16

Trump is going to have to pay that $5

25:18

million judgment.

25:20

>> All in all, Tyler, what do you expect in

25:22

terms of um the president's uh giving

25:25

some kind of response? How does he

25:26

usually respond to these kinds of uh

25:29

decisions? Will it be on truth social?

25:31

Do you think do we expect him to hold a

25:33

news conference, for instance? What will

25:35

you be looking for?

25:36

>> I would expect that we'll probably we'll

25:38

probably get a post out on Truth Social.

25:40

Today, President Trump actually doesn't

25:42

have any public events on his schedule.

25:44

That doesn't mean that some of the

25:45

closed dooror events couldn't open up.

25:47

He does have a few different policy

25:48

meetings that we're tracking closely

25:50

today. But this case was one where

25:52

President Trump was heavily involved in.

25:53

We're also waiting likely later this

25:56

week to get a decision on the other

25:58

really conso consequential case that

26:00

we're watching for, which is birthright

26:01

citizenship. And I was actually here at

26:03

the court back in April when President

26:05

Trump came here too. He uh very clearly

26:08

wanted to make his opinion known when it

26:11

comes uh to the justices uh trying to

26:14

figure out the legality of his executive

26:17

order that deals with ending automatic

26:19

birthright citizenship. I would expect

26:20

him to be very vocal when we get that

26:23

decision likely later this week. We

26:25

could maybe see it early next week if

26:28

the Supreme Court adds a date uh in

26:30

early July, but we're really expecting

26:31

that to be later this week. So, it could

26:33

potentially be two blows to the Trump

26:34

administration's agenda when it comes to

26:36

the Lisa Cook case and what appears to

26:38

be a weariness around the Trump

26:39

administration's argument related to

26:41

birthright citizenship.

26:42

>> Oh, thank you for spinning it forward

26:43

for us, Tyler. Tyler Kendall's our chief

26:44

Washington correspondent. Um, of course,

26:46

uh, giving us the latest with regards

26:48

to, um, the Supreme Court letting Lisa

26:51

Cook, a Federal Reserve governor, stay

26:52

in her job. For now, we're going to get

26:54

into what all this means and um what

26:56

this means in terms of what the Fed

26:58

looks like in um you know, now that the

27:01

Supreme Court has made this ruling.

27:02

Gotham Makunda is lecturer at the Yale

27:05

School of Management and a Bloomberg

27:06

opinion contributor. Uh he writes

27:08

regularly on issues of management uh the

27:10

intersection of policy and business. uh

27:13

Gotham, your initial thoughts on this

27:16

headline uh the the ruling from the

27:18

Supreme Court that it has allowed uh

27:21

Lisa Cook to stay in her job for now and

27:23

it has pretty much signal that the

27:24

Federal Reserve is different than other

27:26

government agencies.

27:28

>> Yeah, it's it's not a surprising ruling

27:30

because the court has already signaled

27:32

that it thinks the Federal Reserve is

27:33

different. I I think the the striking

27:35

thing about it is the extent to which

27:37

the court has basically just abandoned

27:39

jurist prudence and is saying we like

27:41

the Federal Reserve. we think it's

27:43

really important, so we're going to

27:44

treat it as a special case. Whereas

27:46

every other government agency, and they

27:48

also announced today, right, that that

27:49

this other one of the rulings today that

27:51

the president does have the power to

27:53

fire FTC commissioners. Every other

27:56

government agency gets treated like a

27:57

pawn of the president, but somehow for

28:01

mystical reasons, we will not really

28:03

specify the Federal Reserve is special.

28:05

Okay, I guess it is. We were informed

28:08

by, you know, a couple of our guests,

28:10

uh, legal backgrounds that there's some

28:12

theory out there that says, hey, you

28:13

know, the universal kind of thing. I'm

28:15

not sure what it's called, but basically

28:16

says the president should be able to do

28:18

all this stuff. It's it's his or her

28:20

administration and so the president

28:23

should be able to appoint uh who they

28:25

want in these agencies. And that's

28:26

>> so the theory is the unitary executive.

28:28

That's the that's what they're referring

28:29

to. It's the idea that every single

28:32

person in the executive branch is kind

28:34

of like the fingers of the hand of the

28:35

president. Um the unitary executive

28:37

theory is something that was invented

28:39

quite recently really in the 1970s. If

28:41

you'd taken it to one of the founders

28:42

they would have just been baffled. But

28:44

just to demonstrate how it breaks down

28:45

so completely. Um inspector general

28:48

inspectors general the people whose job

28:50

it is to identify fraud and and you know

28:52

tell us that the you know the president

28:54

or his or his appointees is stealing

28:56

from the American public are also

28:58

members of the executive branch. So if

28:59

the unitary executive theory was true,

29:02

then it would be a power of the

29:04

president to order inspector generals to

29:06

cover up for his own crimes. If that

29:09

makes sense to you, then you believe in

29:10

the unitary executive.

29:13

>> Wow. Okay. I I had to think about that

29:15

one for a little bit, but that that is

29:17

saying something. So this idea that the

29:19

Federal Reserve is different. Um, can

29:22

the Trump administration do anything

29:24

else in in its, you know, quest to to

29:27

remake the Fed or is this something

29:28

where they kind of just have to call it

29:30

an L and and and step back? How are you

29:33

thinking this through?

29:35

>> Well, the ruling is a for now ruling,

29:37

right? So, what they're presumably going

29:38

to do is then continue on with the

29:40

litigation against Lisa Cook in the hope

29:42

of either winning a conviction or just,

29:44

you know, draining her resources and her

29:45

resolve to such an extent that she that

29:47

she steps down. I don't think either of

29:49

those will work because the charges

29:51

against her are on their face quite

29:53

absurd and she doesn't seem like the

29:55

sort of person who's going to back down

29:56

in the face of this kind of an assault.

29:59

But the this story is not over. We just

30:01

we just ended one chapter. President

30:03

Trump is out with a a tweet uh just now

30:06

um as I'm sure you're not surprised, but

30:08

basically touting the slaughter case as

30:10

a all caps big win here and really

30:14

saying this is, you know, presidents

30:16

have been trying to to do this since the

30:17

1930s.

30:19

Again, try and put this into context. It

30:21

seems like a win for not not not just

30:24

Donald Trump, but for the executive

30:26

branch. Um but again, maybe it's a it's

30:28

a real loss for independence. It's

30:31

tough. I'm not sure h how you weigh

30:32

those two things.

30:34

>> That's right. So, it is clearly the

30:35

Supreme Court and uh Chief Justice

30:37

Roberts in particular and you know has

30:39

has a long history of just saying that

30:41

he's he he he wants to concentrate power

30:44

in the hands of the executive branch and

30:46

in the hands of the court. And we should

30:47

note, right, it's not just the executive

30:49

branch. It's the court because the court

30:51

has arrogated it to itself the ability

30:54

to to say that we, you know, we can't at

30:56

any time make up rules that say that,

30:59

hey, the executive branch doesn't have

31:01

this power. But okay, so they've done

31:03

that. They've contracted these powers

31:04

into the court uh into the court and the

31:06

executive branch. That is a big win. But

31:09

there's some there are two sets of

31:10

questions here. One is are these powers

31:13

that this court is going to allocate to

31:15

all presidents or is it just going to be

31:17

presidents that it seems to like and I

31:19

don't think we know the answer to that

31:20

yet. And second is you know a different

31:22

president who had a much more ambitious

31:25

view of what they wanted to do in policy

31:27

and I can tell you the Democrats are

31:29

already talking about how they can use

31:31

the powers that the court has given the

31:32

executive when they take office is going

31:34

to use this in a very very different

31:36

ways. Ways that I suspect Chief Justice

31:38

Roberts is not going to like.

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Interactive Summary

The video provides a breaking news update and analysis of two significant Supreme Court decisions: the ruling that Federal Reserve governor Lisa Cook can remain in her position for now, and the decision regarding the dismissal of independent agency commissioners, such as in the Slaughter case. Legal analysts discuss how these rulings, particularly the expansion of presidential power over independent agencies under the 'unitary executive theory,' contrast with the court's unique treatment of the Federal Reserve. The discussion also touches on the potential for ongoing litigation, the political implications for the current administration, and a surprise ruling regarding the acceptance of mail-in ballots.

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