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Appeals court halts removal of Lisa Cook from Fed amid fraud allegations

The case, considered unprecedented, could reach the Supreme Court and set a precedent on the limits of presidential power.

Lisa Cook taking the oath of office

Lisa Cook taking the oath of officeOlivier Douliery / AFP.

Sabrina Martin
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A federal appeals court in Washington, DC, rejected Monday night an emergency request by the Trump administration to remove Lisa Cook from the Federal Reserve Board. The decision, by a divided three-judge panel, keeps in place a lower court order that had blocked the dismissal while the legal process moves forward.

The ruling comes on the eve of the Fed's next monetary policy meeting, scheduled for Sept. 16-17, and represents a new chapter in the tension between the White House and the central bank. 

Accusations and defense

Trump announced last month his decision to remove Cook, following allegations of mortgage fraud spread by Bill Pulte, director of the Federal Housing Finance Agency. The Justice Department opened an investigation, though Cook faces no charges. 

In her defense, the Fed governor's lawyers argue that she was never given a chance to respond to the allegations and that the chairman's real purpose is to open space on the board to push for interest rate cuts.

Legal debate

U.S. District Judge Jia Cobb concluded that Cook has a substantial likelihood of proving that the administration violated the Federal Reserve Act, which allows removal of a member only for cause.
The Justice Department, by contrast, argues that the chairman has broad discretion to define that justification, even if the events occurred before he took office. 

Next Steps

The case, considered unprecedented, could reach the Supreme Court and set a precedent on the limits of presidential power vis-à-vis an institution designed to operate with political independence.

Cook, nominated by Joe Biden and serving until 2038, will remain in her post as long as the litigation continues.

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