Lev Menand
speaker
1,295 appearances
6 recordings
1 series
first heard Jan 2025
last heard 17 Jul
Lev Menand’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 2 in all, peaking in Jul 2026 with 1.
Appearances
Independent agency is a technical term of art in law to refer to an agency whose heads cannot be removed by the president at pleasure.
And so they include any officer of the government who is not a legislative officer, a member of Congress elected, or a judicial officer, an appointed Article III judge.
All of those officers, some of them can be put into a category of they're part of an executive agency.
The head of that agency can be removed by the president, president at pleasure, or an independent agency.
The head of the agency cannot be removed by the president at pleasure.
Now, in that second category, independent agencies, they're accountable to the president, to the courts, to the Congress in all sorts of different ways.
And so the president appoints.
Appoints the heads of independent agencies with the advice and consent of the Senate.
The president can remove the heads of independent agencies, but generally only for cause.
Sometimes those causes are specified, like neglect of duty or malfeasance in office.
We could talk about that.
In the Federal Reserve Act, the statute just says cause.
And a four-cause removal involves notice and a hearing.
And so it's not the same thing as an at-pleasure removal.
And it precludes the president from removing somebody for a policy disagreement.
The independent agencies are accountable to Congress in that there are hearings that are held.
There, you know, officers have to go down, just like Jay Powell goes down and and testify.
They're subject to Congress's subpoena power for records.
They're imprecated in all of the workings of the government and their actions, like the FTC's actions, are subject to judicial review by Article III judges.
So they're not independent in this sort of sense that.
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