The Lawfare Podcast The Trials of the Trump Administration, Aug. 29
Sep 1, 2025
Quinta Jurecic, a staff writer at The Atlantic, joins a lively discussion on the Trump administration’s controversial actions. They delve into the legality of the $4.9 billion foreign aid cancellation and its impact on current litigation. The talk also covers the expanding role of the Pentagon in domestic law enforcement and the complexities of Federal Reserve member Lisa Cook's removal challenge. Throughout, the group explores the tangled web of legal interpretations that shape governance in today's political landscape.
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For-Cause Is Legally Unsettled
- The Cook case centers on what 'for cause' removal actually means for independent officers.
- The statutory text and sparse precedent leave large gaps about substance and process that make judicial resolution difficult.
Fed Statute Is Textually Thin
- The Fed statute's removal language is terse and ambiguous compared with other agencies' 'malfeasance, neglect, or inefficiency' formulations.
- That ambiguity enables competing readings about scope, reviewability, and whether pretextual motives can be examined.
Give Courts Time To Define Standards
- Courts should allow targeted briefing and time to clarify standards before deciding rapid TROs in novel removal disputes.
- Judge Cobb gave both sides time to file a reply and avoided an immediate, sweeping ruling pending further briefing.