Peter Keisler
👤 PersonAppearances Over Time
Podcast Appearances
Well, it potentially could, but let's talk about that because it's important to distinguish between the president's power to fire Jerome Powell and the president's power to demote him because those actually stand on somewhat different footings.
Well, it potentially could, but let's talk about that because it's important to distinguish between the president's power to fire Jerome Powell and the president's power to demote him because those actually stand on somewhat different footings.
And let's start with the firing, but let me just step back and give a little of the background here because the important thing to know is that the Federal Reserve Board has been the ghastly specter that has haunted the debate about the extent of the president's removal power over officers for many, many years. And I'll explain what I mean by that.
And let's start with the firing, but let me just step back and give a little of the background here because the important thing to know is that the Federal Reserve Board has been the ghastly specter that has haunted the debate about the extent of the president's removal power over officers for many, many years. And I'll explain what I mean by that.
And let's start with the firing, but let me just step back and give a little of the background here because the important thing to know is that the Federal Reserve Board has been the ghastly specter that has haunted the debate about the extent of the president's removal power over officers for many, many years. And I'll explain what I mean by that.
But just some additional background for your listeners. The default rule has always been that, with a few exceptions, if the president appointed you, the president can fire you. He could call up Marco Rubio tomorrow and say, Marco, you've done nothing wrong. You've been a great secretary of state, but I want Steve Witkoff. And so I am firing you right now.
But just some additional background for your listeners. The default rule has always been that, with a few exceptions, if the president appointed you, the president can fire you. He could call up Marco Rubio tomorrow and say, Marco, you've done nothing wrong. You've been a great secretary of state, but I want Steve Witkoff. And so I am firing you right now.
But just some additional background for your listeners. The default rule has always been that, with a few exceptions, if the president appointed you, the president can fire you. He could call up Marco Rubio tomorrow and say, Marco, you've done nothing wrong. You've been a great secretary of state, but I want Steve Witkoff. And so I am firing you right now.
And at the end of that phone call, Marco Rubio would be a private citizen. The president doesn't have to reason, doesn't have to get anyone else's approval. He's gone. And actually, that's true of the FBI director, too. The FBI director has a 10 year term by statute, and that was designed to give him some measure of independence.
And at the end of that phone call, Marco Rubio would be a private citizen. The president doesn't have to reason, doesn't have to get anyone else's approval. He's gone. And actually, that's true of the FBI director, too. The FBI director has a 10 year term by statute, and that was designed to give him some measure of independence.
And at the end of that phone call, Marco Rubio would be a private citizen. The president doesn't have to reason, doesn't have to get anyone else's approval. He's gone. And actually, that's true of the FBI director, too. The FBI director has a 10 year term by statute, and that was designed to give him some measure of independence.
And there's been a norm that presidents have mostly not removed their FBI directors except for cause before Trump. But in fact, the statute doesn't say he can't be removed earlier than that. And because there is this default rule that says the president appointed you, the president can fire you. That actually is generally accepted that as bad as it is, it applies to the FBI director, too.
And there's been a norm that presidents have mostly not removed their FBI directors except for cause before Trump. But in fact, the statute doesn't say he can't be removed earlier than that. And because there is this default rule that says the president appointed you, the president can fire you. That actually is generally accepted that as bad as it is, it applies to the FBI director, too.
And there's been a norm that presidents have mostly not removed their FBI directors except for cause before Trump. But in fact, the statute doesn't say he can't be removed earlier than that. And because there is this default rule that says the president appointed you, the president can fire you. That actually is generally accepted that as bad as it is, it applies to the FBI director, too.
But there is a small subset, mostly and most prominently the regulatory commissioners at some of the key regulatory agencies like the Federal Trade Commission and the National Labor Relations Board.
But there is a small subset, mostly and most prominently the regulatory commissioners at some of the key regulatory agencies like the Federal Trade Commission and the National Labor Relations Board.
But there is a small subset, mostly and most prominently the regulatory commissioners at some of the key regulatory agencies like the Federal Trade Commission and the National Labor Relations Board.
Congress has written into those statutes not only a specified term, usually four years, but as specifically said, the president cannot remove you except for this language like malfeasance or neglect of duty or inefficiency. And back during the New Deal, the Supreme Court upheld Congress's power to restrict the president's ability to fire under certain circumstances.
Congress has written into those statutes not only a specified term, usually four years, but as specifically said, the president cannot remove you except for this language like malfeasance or neglect of duty or inefficiency. And back during the New Deal, the Supreme Court upheld Congress's power to restrict the president's ability to fire under certain circumstances.
Congress has written into those statutes not only a specified term, usually four years, but as specifically said, the president cannot remove you except for this language like malfeasance or neglect of duty or inefficiency. And back during the New Deal, the Supreme Court upheld Congress's power to restrict the president's ability to fire under certain circumstances.