Another Day Ending in Y, Another TRO Against Trump—This Time on Firing Fed Governor Lisa Cook

Trump's firing of Fed Governor Lisa Cook faces a temporary restraining order amid legal disputes.

It’s like déjà vu all over again—almost every day. Trump takes an executive action, leftists sue, then a district judge steps in and tells the president he can’t do what he proposed.

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As we’ve reported, Trump fired Federal Reserve Governor Lisa Cook in August for cause—the “cause” being she is under investigation by the DOJ for several instances of alleged mortgage fraud—but a Biden-appointed jurist effectively said Tuesday evening, “no, no, you can’t do that."

A federal judge on Tuesday night blocked President Donald Trump from firing Federal Reserve Governor Lisa Cook as her lawsuit challenging her termination plays out in court.

Judge Jia Cobb’s issuance of a temporary restraining order in the case came nearly two weeks after Cook sued Trump to prevent him from removing her from the central bank.

Trump said on Aug. 25 that he was firing Cook because of suggestions by Federal Housing Finance Agency Director Bill Pulte that she had committed mortgage fraud in connection with documents she signed for two residential properties she owns in Georgia and Michigan.

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Someone who clearly committed mortgage fraud will decide on our financial policy this month. 

Appeal this immediately and overturn it! @Pulte

 has proven this case is open and SHUT. Trump clearly is justified in firing her for cause.

The judge decided that the “public’s interest in Federal Reserve independence” took precedence over the president’s authority:

"The public interest in Federal Reserve independence weighs in favor of Cook’s reinstatement,” Cobb wrote in an opinion on her decision Tuesday.

Cobb’s order enjoins Fed Chairman Jerome Powell and the Board of Governors “from effectuating in any manner” Cook’s removal because of Trump’s order.


READ MORE: DOJ Opens a Criminal Investigation on Rogue Fed Official's Real Estate Fraud

'3 Strikes and You're Out'—Pulte Files Another Criminal Referral Against Fed Reserve Governor Lisa Cook


As I’ve written previously, the definition of “cause” in the case of the Fed is murky:

The Fed acts as an independent agency, but that doesn’t mean the Executive Branch has no role. According to their website, the Board is run by seven members, or "governors" serving staggered 14-year terms, who are nominated by the president and confirmed by the Senate. The Federal Reserve Act of 1913 says that a president can fire a member of the Federal Reserve Board—but only “for cause.”

“Cause” has never been precisely defined, and legal experts are divided over whether Trump’s move will survive legal challenges.

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Expect this one to end up before the Supreme Court in the not-too-distant future. Although Trump has not fared perfectly at the nation’s highest court, his track record with SCOTUS is clearly better than it is with opinionated district judges.

For now, however, expect to see Cook at the next Federal Reserve Board meeting.

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Bob Hoge

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