Instant Reaction: Supreme Court Blocks Trump from Firing Fed's Lisa Cook | Bloomberg Talks
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>> Paul, we have some breaking news. The
Supreme Court, of course, publishing its
opinions today. It has expanded the
president's power to fire top officials.
Um, it refuses to let the president
immediately oust uh Lisa Cook, however,
and Lisa Cook is now uh currently
allowed to stay in the job for now.
>> All right, let's bring in uh June
Graasso, Bloomberg's legal uh analyst
here. She joins us here in studio. Let's
start with the Lisa Cook uh decision
here. June, can you summarize what's
going on here? So um Lisa Cook as you
know Federal Reserve governor and Donald
Trump tried to fire her on the basis of
allegations of mortgage fraud. So there
was no any kind of procedure at all
before he said that. So during that oral
arguments it was pretty clear that the
Supreme Court justices were going to
vote with Lisa Cook and not allow Trump
to do that because of the status of the
Federal Reserve. And during the oral
arguments, there were a lot of questions
by the conservatives as well about, you
know, why was there no process here? She
had absolutely no process. What would it
take for you to have some kind of a
hearing at least before this happened?
So, there was concern on their part and
Justice Brett Kavanaaugh had said prior
to that that the Fed is different. So,
that was expected. Now, as far as the uh
slaughter case where she's on the FTC,
um they say that that's different and
because it's not the Fed, but what this
does is this really expands presidential
power. It means that the president has
the authority to fire people at the top
of what, like 20 agencies or so. And
what they've done here is they've um
done away with Humphrey's executive
which was a decision which is standing
for about 70 80 years I think about the
ability of presidents to fire people
which was that there was no ability for
them to fire people at the head of
agencies and they've been cutting back
on that bit by bit by bit and now they
appear to have gotten rid of it since
they I haven't read the opinion yet
obviously since they're um they're
allowing the uh slaughter to be fired.
And one more thing too, if you notice
this week, what's happening and last
week, what's been happening is that
they're they're releasing opinions at
the same time that have to do with the a
similar issue. And what I think is
happening too is the it used to be that
all the big decisions were loaded to the
very end, the last day. But now we're
seeing big decisions this week and last
week. And I think the chief is trying to
mix it up so we don't have a day on the
last day of the opinion. and there were
five six, you know, there were five six
to3 decisions and they were all in these
big cases. So, I think that that's
what's happening here.
>> So, let me just um make sure I
understand. Um the Supreme Court ruled
that Lisa Cook, a Federal Reserve
governor, can stay in her job for now.
>> What's now?
>> That's a that's a good question, but
it's while litigation continues. Right.
>> Right. Right. So, yeah, because they've
had no litigation at all. He just said
you're you know, hello. I want she's
getting her due process. In other words,
>> see she Well, I assume that we have to
see what what the what the president
does now. Are they going to go forward
with this? Are they going to bother to
go forward with this and have it
litigated? Probably. And she's got one
of the best uh Supreme Court litigators
around, the former um former solicitor
general Paul Clement, who is just really
his record at the Supreme Court is
phenomenal. And I think he is the one
who has argued the most cases at the
court. And you can see the difference
the justices pay to him when when he's
arguing. So I mean that will go on her
litigation will go on to um you know to
stop this but you know by the time who
knows by the time it gets done Trump
could be out of office. I mean the way
these things drag on.
>> So the president's efforts to push her
out of the uh central bank's board that
is not going that failed. But and you
were saying that his ability to oust
other government agency leaders has been
expanded.
>> Right. This is all part of that theory
called the unitary executive theory. I
don't know if you've heard about it, but
it's like that um this people who
believe that the power of the executive
branch should be in the president. So
all these agencies are executive branch
agencies. So the president should have
the ability to fire the people who are
in charge of the executive branch
agencies. But I mean, you know,
>> the Fed is different.
>> The Fed is different. But I mean, so
with a with a with a the normal
president or the prior presidents, you
wouldn't worry about what was going to
happen because there wouldn't be a
wholesale you're fired. But, you know,
this opens the door. And people have
been worried about um them doing away
with that Humphre executive opinion. And
>> so the risk there is that these agencies
perhaps lose some of their independence.
>> Yes. Yeah. Yeah. because you know if if
the president doesn't like what you're
doing you're fired you know but I mean
in reality he he is controlling he has
put most people in those agency heads
right talking about the FCC and things
like that so um I don't know that
they'll we'll see anything happening
right away but it's a huge win and this
court as you know has been expanding
presidential power over and over again I
mean you had those decisions where um
you know nothing the president does in
office in his duties can he be
prosecuted for or so I mean I this court
just believes in presidential power and
one has to wonder when the next
president comes in if they're not
Republican what whether they'll start
cutting back on presidential power. I
mean I think it's worth noting here that
stocks fell to session lows or maybe not
fall. Um they paired their gains and
were at session lows right around the
time that this opinion was published.
They've since come back a little bit and
we're looking at modest gains in the S&P
Dow and NASDAQ. The Russell 2000 is uh
lower by 1.1%. So among the headlines
that we got is the Supreme Court letting
uh Lisa Cook, a Federal Reserve
governor, stay in her job. This is a
case that really tested the central
bank's independence from the White
House. So this is a defeat for the
president's efforts to oust her uh over
these um mortgage fraud allegations. At
the same time, we also heard that the uh
Supreme Court has uh basically said that
the mail-in ballots can arrive after
election day. That's another defeat for
the president. Um and certainly this is
relevant given that we're at a midyear
ele um midterm election year. Um on the
other hand, and June, this is where it
gets a little complicated. The other
government agencies are not seen as
>> independent really because the president
can let go of whoever he wants to.
>> Yeah. And I, you know, I I'm trying to
pull up the opinion just to see what
they're, you know, how they how they
parsed out these two um these two cases,
but I'm not getting it. I'm not getting
it. I guess I refresh refresh.
>> How about this mail uh this ballot case?
Just give us your thoughts on that. That
was a that was a surprise actually the
the ballot case because that's about
Mississippi has a law as do more than 20
other states that as long as the ballot
is postmarked by election day it can
come in 5 days up to 5 days after and
it'll still be counted. So, uh, the
Republicans were against this.
Obviously, President Trump is against
this and any kind of mail-in ballots.
And during the oral arguments, a lot of
the conservatives seem to be in favor,
although the Chief Justice and Justice
Barrett were wondering, well, would this
affect what about states that have all
mailin ballots if we say that? So, the
the argument is in the Constitution says
election day is this day, so you
shouldn't be extending it any further.
Well, if you can't extend it further,
then can you go, you know, can you also
say, well, they can come in ahead of
time. So, I think that was part of the
reasoning and I um Justice Barrett wrote
the opinion, but so that's a huge s
surprise and it was 5 to four and um so
the most conservative in the in the uh
no column and um so that's big because
that could have affected the elections,
the midterms coming up in in so many
states, more than 20. So that's actually
a a big decision and it is a surprise.
>> Okay, very good. June, thank you so
much. Appreciate it. June Graasso is a
legal analyst uh for Bloomberg News.
We'll let her go back and do that lawyer
thing like actually read uh the c the
decision.
>> I know we put her in an unfair position
because she she was working without the
text.
>> I just want the AI like cliffnotes.
>> Oh, thanks a lot.
>> I'll be leaving
>> one one pager. Uh Jared, thanks so much.
We appreciate that as always. Let's go
to Elliot Stein, litigation analyst for
Bloomberg Intelligence. Elliot, I want
to go to to the uh the Lisa Cook case
for me. Um for now, what does for now
mean? That she can stay in her job for
now?
>> Yeah, exactly. Well, this um whole
appeal was based on a preliminary ruling
by the trial court earlier in the case
um saying that she could stay in her
position while the rest of the case
would continue. And so that's really the
issue that the Supreme Court was looking
at and they said yes, she can stay in
her position, but but the real important
part of the ruling is that they said the
four cause um removal restriction
requires that she have some sort of
notice and opportunity to be heard,
which uh the president and the
administration did not offer her. So
that that's sort of the crux of the
ruling.
>> Okay. So her litigation can continue or
the um White House's litigation can
continue as well. Who hears who hears
out this case?
>> So this will go back to the lower courts
and and I should preface this by saying
I haven't read the full decision. I read
the brief summary you referenced. You
know, you want AI, but the Supreme Court
sort of gives you a a brief summary at
the beginning of the opinion which I
skimmed. Um but uh I think the way it's
going to proceed is um that it will be
sent back down to the trial court um for
them to issue a final ruling. But the
administration presumably if they want
will have to offer her some sort of
notice and opportunity to be heard if
they want to be able to continue to try
to fire her. Otherwise the trial court
is going to rule in her favor. So to the
extent the administration wanted to
extend litigation what it has been known
to do in in the past what's a timeline
for a case like this because I'm
wondering does she have to worry about
you know is this something that could
take drag on for years in which case the
admin Trump administration will you know
end or how does that
>> yeah I mean it it's a little unclear
exactly how it's going to proceed
presumably if the Trump administration
continues to want to remove her from the
Fed based on these accusations of
mortgage fraud, they'll have to have
some sort of proceeding, not a full
trial, but some sort of like
administrative proceeding where she can
present her defenses. If they don't, if
the administration doesn't want to do
that, the case is essentially over. The
trial court will rule in her favor and
say there was no notice and opportunity
to be heard uh pursuant to what the
Supreme Court said this morning.
>> Okay. So, is the Supreme Court's role in
Lisa Cook done?
>> For now. for now. It could always come
back later because I don't know if we
have um real resolution on substantively
what cause requires, right? We sort of
know now procedurally what it requires.
I'm not sure the Supreme Court I haven't
read the full opinion. Again, I'm not
sure they got into the actual uh
definition of what for cause requires
substantively.
>> Okay. What does this say about how the
Supreme Court views the Federal Reserve
versus other government agencies?
>> Yeah, this is a very good point because
the other opinion, one of the other
opinions that they issued, but
simultaneously with the Cook decision
was the Rebecca Slaughter opinion. She
was an FTC commissioner. As you recall,
President Trump fired multiple
commissioners from independent agencies
who were appointed by Democrats uh for
the most part. Um he uh challenged that
as did many other commissioners and um
the Supreme Court early on sort of
hinted that um the president would be
able to fire these other commissioners
of independent agencies but the Federal
Reserve is different and we saw that
very clearly today because the pre the
Supreme Court said that the president
could indeed fire Rebecca Slaughter and
other independent commissioners. I
haven't read that opinion either, but
presumably they uh overruled the Humphre
executive decision from 90 years ago
which established that the four cause
removal restriction was constitutional
for independent agencies. I suspect now
they're going to say it's
unconstitutional.
>> I feel like this today was a win. I
think that that slaughter case is huge.
>> The slaughter case is a big deal. It's
absolutely
>> reshape. Yeah. But that's not just a win
for Trump. That's a win for the
executive branch because the next
president who comes in can fire any
>> commissioner of an independent agency
appointed by a Republican that they
don't like.
>> So, a better way to phrase that, it's a
win for the executive branch.
>> Yeah. And he's going to be very upset
about the Lisa Cook decision and also he
uh in an earlier order it sounded like
he lost his ser petition on the uh case
and on the mail and balance and the Jean
Carol. Exactly. There's a lot going on.
>> So net net he's probably going to be
angry this afternoon.
for the executive branch though I'm not
sure I mean so now the question for a
lot of just scholars constitutional
scholars is
>> isn't it aren't these agencies their
ability to be independent isn't that a
good thing and I guess that's the debate
>> uh so you have to balance that on the
one hand versus this theory called the
unitary executive theory that the
president should be able to hire and
fire anyone he wants in the executive
branch and that he oversees the entire
executive branch And if you have these
independent commissioners that the
president can't fire, you almost have
this fourth branch of government. That's
the counterargument.
>> Interesting. Okay.
>> We have some comments from Senator
Elizabeth Warren of Massachusetts. Um
she is commenting on the Lisa Cook
Supreme Court decision. Says we'll keep
fighting back against attacks on the
Fed. Uh she also talks about Bill Bill
Py and how he can't be trusted should be
removed. that that's separate from again
uh her comments on Lisa Cook and how uh
according to Senator Warren, she or her
party will keep fighting back against
these attacks on the Federal Reserve.
What are the White House's options now?
How does it move forward with Lisa Cook
specifically?
>> Well, I think if they want to continue
to go after her for these accusations of
mortgage fraud, they can, but they'll
have to have some sort of proceeding
where she's allowed to present her
defenses. I think that's basically it.
It's unclear exactly what that looks
like.
um the Supreme Court in in the brief
summary that I was able to read before
coming on said it it doesn't have to be
a full-blown trial, but they have to
give her some opportunity to be to be
heard and present her defenses.
>> And just to put some context on uh
Senator Warren's comments about Bill Py,
Bill Py was the one who brought up the
fact that Lisa Cook um perhaps had these
u
misrepresented her mortgage application,
right? because he's the head of the FHFA
and he brought it to the president's
attention and that kind of got
everything started, Paul, with um this
allegation of mortgage fraud.
>> So, if I'm a agency head appointed by
anybody other than Donald Trump, am I
nervous about my job today?
>> Probably. But but he I think he's
already fired most of the ones he wants
to fire. I mean, I'm serious. Look at
the CFTC. You have one
>> you have the chairman and that's it. No
other commissioners. And so, you know,
the effect of that is you don't have
you're probably not going to change the
votes because you're always going to it
was always tradition that the chair
would resign and let the incoming
president appoint someone from his own
party. Okay. But you're not going to
have dissenting voices now to push back
on the majority in these agencies. And I
think that's really the the big effect
>> is that how much of this is a surprise?
What what surprises you about this
string of decisions?
>> Nothing. This was exactly as we
anticipated that Humphrey's executive
would be overruled. the president would
be able to fire commissioners of
independent agencies under the unitary
executive theory. Um but the Supreme
Court gave us hints as far back as last
year that the Federal Reserve is
different um just based on it. It said
it has a unique structure, a unique
history. It's uh not really it's sort of
this quasi private entity because it has
a mix of being a government entity and
also private uh sector members um who or
at least private sector members who vote
in some of the regional bank presidents.
Um so it it it didn't come as a
surprise. We thought the Fed would be
treated differently.
>> Mail and ballot. Was that a surprise?
>> Um that's a little bit of a surprise. I
don't follow that case. It doesn't have
a huge doesn't have a business impact.
Um, fair,
>> but yes, I would say it's a little bit
of a surprise. Um, and I think June
probably touched on that earlier.
>> All right, good. Elliot Stein, great
stuff as always. Elliot Stein, Bloomberg
intelligence litigation analyst. See,
that law school paid off.
>> Totally.
>> He started strong at Stanford and then
he took a wrong turn going to law
school. I mean, I don't know. I don't
know.
>> He did that all without the benefit of
reading the full text. So, thank you
Elliot for doing that.
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Tyler Kendall joins us here. Uh she is
outside of the Supreme Court. She's a
Bloomberg News Washington correspondent.
Tyler, what's the feeling do you think
within what do you think the takeaway
will be from this president, from this
administration about this busy busy day
of Supreme Court rulings?
>> Well, by and large, Paul, the
administration got a win when it comes
to the Trump v. Slaughter case,
essentially uh expanding the president's
authority to remove independent heads of
uh independent agencies. Rebecca
Slaughter was the last Democratic
commissioner on the Federal Trade
Commission. So that is considered to be
a win for the Trump administration. Uh
not necessarily a surprising decis
decision. The deci the justices had been
a little bit wary of the idea that the
president wouldn't be able to uh remove
officials that are accountable to the
executive branch. But the Lisa Cook
decision means that uh she can stay in
her job at least for now. Which means
that that legal fight does continue. The
justices did not weigh in on whether or
not they believed that the Trump
administration's accusations rise to the
level that Lisa Cook should be fired,
which means this is still a stay tuned
situation. But by and large, that part
of the decisions today does mark at
least partially a setback for uh this
White House.
>> So when it comes to Lisa Cook, uh I
guess a lot of people are wondering what
that means for J. pal because the former
Fed chair had said that he would stay on
the Federal Reserve board um until legal
issues are resolved. And maybe Lisa Cook
was one of them, but I I guess the Fed
renovation um and the DOJ's action
against um the Fed and JPAL specifically
is still it's still out there, isn't it?
>> Yeah. And it could come back up. There
were a few different threads that we
were watching in this case, Scarlet. One
is the idea of equities. Basically, that
the justices were looking into what the
broad range impacts would be when it
comes to the Federal Reserve and what
would happen to the US economy if a
governor was removed. And I bring that
up because we heard this be uh one of
the main arguments from one of the
conservative justices, Brett Kavanaaugh.
His line of questioning back when this
case was heard in January, very much
focused on this. I'm trying to find the
quote. at the time he said that if Lisa
Cook was removed it would quote weaken
if not shatter the independence of the
Fed and today the decision was 54 and
that included Brett Kavanaaugh uh siding
with the liberal justices on this court
in favor of Lisa Cook being able to keep
her job for now. So that's probably a
thread that would make its way through
if uh a case against Powell ultimately
uh came up. And the second is the idea
that Lisa Cook wasn't given uh
essentially due process in responding to
the allegations against her before she
was fired. You remember when all of this
was happening and essentially she was
fired via a tweet uh from President
Trump without uh much chance to respond
to the allegations uh that were posted
on social media. So there are a lot of
different factors in this case, but by
and large it is taken to mean that the
Supreme Court bolstered the independence
of the central bank. Tyler, we also had
a ruling uh Supreme Court earlier today
left intact a jury's finding that Donald
Trump sexually abused and defamed the
writer E Jean Carol, putting her in line
to collect a $5 million award from the
president. What has the president
commented on on this particular case?
So, we haven't heard from him yet today,
and the justices didn't really provide
much of an explanation for this uh
decision, but uh this probably isn't
going to be something that President
Trump uh is too happy with. This does
deal essentially a final blow to
President Trump's efforts to thwart
thrott uh end one of the most
significant legal cases uh against him.
It was another one that we were tracking
closely, but it wasn't uh heard in the
standard term of the Supreme Court. So,
it came out earlier this morning instead
of with this ruling. Instead, uh we just
got uh this Supreme Court decision,
which uh uh means that uh President
Trump is going to have to pay that $5
million judgment.
>> All in all, Tyler, what do you expect in
terms of um the president's uh giving
some kind of response? How does he
usually respond to these kinds of uh
decisions? Will it be on truth social?
Do you think do we expect him to hold a
news conference, for instance? What will
you be looking for?
>> I would expect that we'll probably we'll
probably get a post out on Truth Social.
Today, President Trump actually doesn't
have any public events on his schedule.
That doesn't mean that some of the
closed dooror events couldn't open up.
He does have a few different policy
meetings that we're tracking closely
today. But this case was one where
President Trump was heavily involved in.
We're also waiting likely later this
week to get a decision on the other
really conso consequential case that
we're watching for, which is birthright
citizenship. And I was actually here at
the court back in April when President
Trump came here too. He uh very clearly
wanted to make his opinion known when it
comes uh to the justices uh trying to
figure out the legality of his executive
order that deals with ending automatic
birthright citizenship. I would expect
him to be very vocal when we get that
decision likely later this week. We
could maybe see it early next week if
the Supreme Court adds a date uh in
early July, but we're really expecting
that to be later this week. So, it could
potentially be two blows to the Trump
administration's agenda when it comes to
the Lisa Cook case and what appears to
be a weariness around the Trump
administration's argument related to
birthright citizenship.
>> Oh, thank you for spinning it forward
for us, Tyler. Tyler Kendall's our chief
Washington correspondent. Um, of course,
uh, giving us the latest with regards
to, um, the Supreme Court letting Lisa
Cook, a Federal Reserve governor, stay
in her job. For now, we're going to get
into what all this means and um what
this means in terms of what the Fed
looks like in um you know, now that the
Supreme Court has made this ruling.
Gotham Makunda is lecturer at the Yale
School of Management and a Bloomberg
opinion contributor. Uh he writes
regularly on issues of management uh the
intersection of policy and business. uh
Gotham, your initial thoughts on this
headline uh the the ruling from the
Supreme Court that it has allowed uh
Lisa Cook to stay in her job for now and
it has pretty much signal that the
Federal Reserve is different than other
government agencies.
>> Yeah, it's it's not a surprising ruling
because the court has already signaled
that it thinks the Federal Reserve is
different. I I think the the striking
thing about it is the extent to which
the court has basically just abandoned
jurist prudence and is saying we like
the Federal Reserve. we think it's
really important, so we're going to
treat it as a special case. Whereas
every other government agency, and they
also announced today, right, that that
this other one of the rulings today that
the president does have the power to
fire FTC commissioners. Every other
government agency gets treated like a
pawn of the president, but somehow for
mystical reasons, we will not really
specify the Federal Reserve is special.
Okay, I guess it is. We were informed
by, you know, a couple of our guests,
uh, legal backgrounds that there's some
theory out there that says, hey, you
know, the universal kind of thing. I'm
not sure what it's called, but basically
says the president should be able to do
all this stuff. It's it's his or her
administration and so the president
should be able to appoint uh who they
want in these agencies. And that's
>> so the theory is the unitary executive.
That's the that's what they're referring
to. It's the idea that every single
person in the executive branch is kind
of like the fingers of the hand of the
president. Um the unitary executive
theory is something that was invented
quite recently really in the 1970s. If
you'd taken it to one of the founders
they would have just been baffled. But
just to demonstrate how it breaks down
so completely. Um inspector general
inspectors general the people whose job
it is to identify fraud and and you know
tell us that the you know the president
or his or his appointees is stealing
from the American public are also
members of the executive branch. So if
the unitary executive theory was true,
then it would be a power of the
president to order inspector generals to
cover up for his own crimes. If that
makes sense to you, then you believe in
the unitary executive.
>> Wow. Okay. I I had to think about that
one for a little bit, but that that is
saying something. So this idea that the
Federal Reserve is different. Um, can
the Trump administration do anything
else in in its, you know, quest to to
remake the Fed or is this something
where they kind of just have to call it
an L and and and step back? How are you
thinking this through?
>> Well, the ruling is a for now ruling,
right? So, what they're presumably going
to do is then continue on with the
litigation against Lisa Cook in the hope
of either winning a conviction or just,
you know, draining her resources and her
resolve to such an extent that she that
she steps down. I don't think either of
those will work because the charges
against her are on their face quite
absurd and she doesn't seem like the
sort of person who's going to back down
in the face of this kind of an assault.
But the this story is not over. We just
we just ended one chapter. President
Trump is out with a a tweet uh just now
um as I'm sure you're not surprised, but
basically touting the slaughter case as
a all caps big win here and really
saying this is, you know, presidents
have been trying to to do this since the
1930s.
Again, try and put this into context. It
seems like a win for not not not just
Donald Trump, but for the executive
branch. Um but again, maybe it's a it's
a real loss for independence. It's
tough. I'm not sure h how you weigh
those two things.
>> That's right. So, it is clearly the
Supreme Court and uh Chief Justice
Roberts in particular and you know has
has a long history of just saying that
he's he he he wants to concentrate power
in the hands of the executive branch and
in the hands of the court. And we should
note, right, it's not just the executive
branch. It's the court because the court
has arrogated it to itself the ability
to to say that we, you know, we can't at
any time make up rules that say that,
hey, the executive branch doesn't have
this power. But okay, so they've done
that. They've contracted these powers
into the court uh into the court and the
executive branch. That is a big win. But
there's some there are two sets of
questions here. One is are these powers
that this court is going to allocate to
all presidents or is it just going to be
presidents that it seems to like and I
don't think we know the answer to that
yet. And second is you know a different
president who had a much more ambitious
view of what they wanted to do in policy
and I can tell you the Democrats are
already talking about how they can use
the powers that the court has given the
executive when they take office is going
to use this in a very very different
ways. Ways that I suspect Chief Justice
Roberts is not going to like.
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Ask follow-up questions or revisit key timestamps.
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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