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Tipsheet

Appeals Court Ruling Keeps Cook on the Job...for Now

AP Photo/Mark Schiefelbein, File

A federal appeals court ruled Monday that President Trump cannot fire Federal Reserve Governor Lisa Cook and prevent her from participating in the central bank’s highly anticipated two-day meeting to set interest rates, which begins Tuesday. 

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The U.S. Court of Appeals for the District of Columbia Circuit ruling means the Trump administration only has hours to appeal the Supreme Court to block Cook from attending. 

The 2-1 ruling Monday by a panel of the D.C. Circuit Court of Appeals is unlikely to be the last word on the matter, given the anticipated Supreme Court action. But it sets up a race against the clock to determine whether Cook, a Biden appointee who Trump tried to fire last month, will participate in the Fed meeting set to begin Tuesday.

Judges J, Michelle Childs and Bradley Garcia, both Biden appointees, voted to leave Cook in her post, while Judge Gregory Katsas, a Trump appointee, dissented.

The Department of Justice declined comment.

Last week, U.S. District Judge Jia Cobb rejected Trump’s bid to remove Cook just three years into her 14-year term, saying the president’s justification for the firing — mortgage fraud allegations that have not been adjudicated in any forum — did not meet the legal requirements to overcome laws protecting the independence of the Federal Reserve.

While the Supreme Court has repeatedly endorsed Trump’s efforts to remove executive branch officials Congress has sought to insulate from politics, the justices have signaled they view the Federal Reserve as a unique “quasi-private” institution that may put it in a different legal category.

Federal law gives Trump the power to fire members of the Federal Reserve Board of Governors “for cause,” which typically means misconduct or malfeasance on the job. Trump said he had cause to fire Cook due to allegations that she claimed in separate mortgage applications that two different homes were her primary residence, which can entitle a homeowner to lower rates. Cook has denied the allegations. (Politico)

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The ruling comes as the Senate voted 48-47 on Monday to approve President Trump's Fed board nominee Stephen Miran, who will take part in the two-day meeting. 

The president tapped Miran, head of the Council of Economic Advisers, to replace Adriana Kugler, a Biden appointee, who resigned last month. 

Judge Katsas blasted the ruling in his dissent. 

Editor's Note: President Trump is leading America into the "Golden Age" as Democrats try desperately to stop it.  

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