The high-stakes showdown between the Trump administration and the US central bank intensified after an appeals court blocked the
The divided court in Washington on Monday night affirmed that Cook can continue working while her lawsuit challenging Trump’s move to dismiss her proceeds. The 2-1 ruling came just hours before Tuesday’s start of the Fed’s highly anticipated two-day meeting to vote on interest rates.
While the decision makes it more likely the embattled economist will attend, President
WATCH: Court blocks Trump from firing Cook ahead of Fed meeting. Source: Bloomberg
As Cook fights to stay in her position, Trump’s economic adviser
Republicans fast-tracked approval of Miran’s nomination with Trump pressuring the central bank to cut interest rates.
Investors and economists surveyed by Bloomberg expect Fed officials to lower rates by a quarter percentage point on Wednesday. Undeterred, Trump predicted a “big cut” from the central bank.
The rate decision, however, could reveal growing divisions among policymakers over the right direction for monetary policy. Miran and two other officials previously appointed by Trump are expected by some Fed watchers to dissent in favor of a bigger reduction. Other officials could well dissent in the opposite direction, favoring no cut at all.
Cook
US District Judge
The
The Fed hasn’t taken a side in the legal fight over Trump’s attempt to oust Cook and has said it will respect the court’s decision.
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DC Circuit Judges
The court held that the district judge was correct to find that Trump likely violated Cook’s due process rights by attempting to fire her via a social media post.
‘Minimal Process’
“In this court, the government does not dispute that it failed to provide Cook even minimal process — that is, notice of the allegation against her and a meaningful opportunity to respond — before she was purportedly removed,” Garcia, joined by Childs, wrote.
Garcia wrote that he believed Cook was at least likely to win on her claim that Trump and other US officials who played a role in trying to oust her failed to provide her with due process — enough notice and an opportunity to object. Garcia didn’t address the lower court judge’s other finding that Trump’s purported reasons for trying to fire Cook failed to meet the standard of “cause” required to remove a Fed governor under US law.
Garcia also wrote that siding with Trump at this stage would be far more disruptive, given the fact that Cook had continued to perform her duties up until now. Garcia said the government had modern due process precedent “stacked against it.”
Katsas said that he didn’t believe a stay was warranted because the alleged harm to Cook wasn’t irreparable. He said she could always get her back pay returned to her if she ended up ultimately winning the case.
Trump said last month he was firing Cook after
Fed Independence
Cook had told the court that allowing Trump to dismiss her while the case proceeds would cause lasting damage to the Fed’s independence and undermine the US economy. Trump argued that his decision about what constitutes “cause” to fire Cook cannot be reviewed by the courts, and that the allegations against her are enough evidence that she can’t be trusted to help guide the US economy.
Cook’s lawyer
The judges didn’t address the underlying claims of mortgage fraud against Cook, and also did not reference reports over the weekend that loan documents for Cook’s Georgia home appear to contradict Pulte’s claim, showing that she told the lender the property was a vacation home.
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Pulte pointed out in a social media post that the ruling is “for now.”
Senator
“If the courts – including the Supreme Court – continue to uphold the law, Lisa Cook will keep her seat as a Fed Governor,” she said.
(Updates with more information on Fed meeting.)
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Peter Blumberg, Elizabeth Wasserman
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