Lisa Cook takes out restraining order against Trump as fired Fed official fights to keep her job
Lisa Cook takes out restraining order against Trump as fired Fed official fights to keep her job
Nick Lichtenberg is Fortune Intelligence editor and was formerly Fortune's executive editor of global news.
A case that could provide the Trump administration with new and expansive power over theĀ traditionally independentĀ Federal Reserve focused Friday on what would constitute ācauseā to remove a high-ranking official at the nationās central bank.
Federal Reserve GovernorĀ Lisa CookĀ has requested an emergency injunctionāin the form of a temporary restraining orderāto block President Donald Trumpās attempt to fire her over allegations that she committed mortgage fraud when she purchased a home and condo in 2021. She was appointed to the Fedās board
Arguments in court Friday centered on what constitutes ācause,ā which in this case are unproven accusations
In an exchange with U.S. District Judge Jia Cobb, Cookās lawyer, Abbe David Lowell, said Trumpās motivations are clear. āHeās already said he wants a majority (on the Fed board). Heās bragged that heās going to get it.āā
If her firing is allowed to stand, it would likely erode the Fedās longstanding independence from day-to-day politics. No president has ever fired a Fed governor in the agencyās 112-year history. Economists broadly support Fed independence because it makes it easier for the central bank to take unpopular steps such as raising interest rates to combat inflation.
Cook has asked the court to issue an emergency order that would prevent her firing and enable Cook to remain on the seven-member board of governors while her lawsuit seeking to overturn the firing makes its way through the courts. Many observers expect her case will end up at the U.S. Supreme Court.
In court Friday, the Justice Departmentās Yaakov Roth, who represented the Trump administration at the hearing, complained that Cook had not offered an explanation for anything questionable in her mortgage documents or a defense against the fraud allegations.
The allegations remain just that, leveled
And late Thursday, Pulte, said that Cook had allegedly committed fraud on a third property, a condominium in Cambridge, Massachusetts, in April 2021.
Pulte said in a social media post that Cook classified the condo as a āsecond home,ā but in financial disclosure documents filed in 2022 through 2025 with the government, she described it as an āinvestment/rentalā property. Pulte added that mortgage rates and down payments for second homes can be lower than for investment properties.
Pulte also alleged, without evidence, that Cook may have rented out two properties in Ann Arbor, Mich. and Atlanta, which were the focus of a criminal referral he made last week and which he said she has claimed as her principal residence.
In a statement, Cookās lawyer, Lowell, decried āan obvious smear campaign aimed at discrediting Gov. Cook ⦠Nothing in these vague, unsubstantiated allegations has any relevance to Gov Cookās role at the Federal Reserve, and they in no way justify her removal from the Board.ā
The law governing the Fed says the president canāt fire a governor just because they disagree over interest rate policy. Trump hasĀ repeatedly demanded that the Fed, led
But the president may be able to fire a Fed governor āfor cause,ā which has traditionally been interpreted to mean inefficiency, neglect of duty, or malfeasance. Cookās lawyers argue that it also refers only to conduct while in office. They also say that she was entitled to a hearing and an opportunity to rebut the charges.
āThe unsubstantiated and unproven allegation that Governor Cook āpotentiallyā erred in filling out a mortgage form prior to her Senate confirmation ā does not amount to ācause,āā the lawsuit says.
Trump has moved to fire a number of leaders from a host of independent federal regulatory agencies, including at theĀ National Transportation Safety Board,Ā Surface Transportation Board,Ā Equal Employment Opportunity Commission, andĀ Nuclear Regulatory Commission, as well as the Fed.
The Supreme CourtĀ declined to temporarily blockĀ the president from firing directors of some independent agencies earlier this year while those cases move through the courts. Legal experts say the high court this year has shown more deference to the presidentās removal powers than it has in the past.
Still, inĀ a case in May, the Supreme Court appeared to single out the Fed as deserving of greater independence than other agencies, describing it as āa uniquely structured, quasi-private entity.ā As a result, itās harder to gauge how the Supreme Court could rule if this case lands in its lap.
As a governor, Cook votes on all the Fedās interest rate decisions and helps oversee bank regulation. The Fed has substantial power over the economy
Pulteās charge that Cook has committed mortgage fraud is one he hasĀ also made against two of Trumpās biggest political enemies, California Democratic Sen. Adam Schiff and New York Attorney General Letitia James, who has prosecuted Trump. Pulte has ignored a similar case involvingĀ Ken Paxton, the Texas attorney general who is friendly with Trump and is running for Senate in his stateās Republican primary.
Cookās lawsuit responds
If Trump can replace Cook, he may be able to gain a 4-3 majority on the Fedās governing board. Trump appointed two board members during his first term andĀ has nominatedĀ a key White House economic adviser, Stephen Miran, to replaceĀ Adriana Kugler, another Fed governor who stepped down unexpectedly Aug. 1. Trump has said he will only appoint people to the Fed who will support lower rates.
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