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Welcome to The Logoff: Today I’m focusing on Donald Trump’s purge of Democrats from an agency responsible for policing corporate America, another attempt to eliminate lawful checks on the president’s authority.
What’s the latest? Trump fired the only two Democrats on the five-member board that runs the Federal Trade Commission (FTC), one of the agencies responsible for enforcing laws that protect consumers and check corporate power. Both of the commissioners say they plan to sue over the firings, arguing they are illegal.
So, are the firings illegal? The president can only lawfully fire FTC commissioners — who serve seven-year terms — for incompetence or malfeasance. That’s according to the statute that created the FTC, as well as a 1935 Supreme Court ruling that held President Franklin Roosevelt broke the law when he fired a Republican commissioner for opposing his agenda.
Trump’s team isn’t claiming either malfeasance or incompetence, instead telling the commissioners they were fired because their service is “inconsistent with [the] administration’s priorities.” But Trump has issued an executive order asserting the president can fire any executive branch appointee at will. That legal question is likely headed for the Supreme Court.
What do the FTC firings mean for you? The FTC’s setup is meant to tilt power toward the party in power, as the president picks the board’s chair. But it’s also supposed to reflect bipartisan priorities, as no more than three commissioners are supposed to come from either party. Unless Trump’s firings are overturned, the board will solely reflect Republican priorities, which Democratic critics say will mean a lax, pro-corporate approach to enforcement of consumer protections.
What’s the big picture? Since taking office, Trump has continually pushed to remove checks on his authority. In this case, Republicans had control of the agency, but not total control — and that (lawful) limit on Trump’s power was more than this administration could live with.
And with that, it’s time to log off…
Our friends at Vox’s The Gray Area podcast are running a particularly apt episode today titled “How to live in uncertain times.” I’m excited to listen on my commute home, and if you want to join me, it’s available on Apple Podcasts, Spotify, Pandora, and elsewhere. If podcasts aren’t your thing, a partial transcript is available here. Thanks for reading The Logoff, and I’ll see you back here tomorrow.
