Bloomberg Law Geofence Warrants & Can Trump Fire Powell?
May 22, 2025
Elliot Stein, a senior litigation analyst at Bloomberg Intelligence, dives into the question of whether Trump can fire Fed Chair Jerome Powell, unraveling the legal intricacies behind executive power. Senior correspondent Alex Ebert sheds light on geofence warrants, exploring their implications for privacy rights in the digital age. Immigration law expert Leon Fresco discusses the charges against a New Jersey Congresswoman related to an incident outside a detention facility, linking it to broader themes of accountability and legal definitions in immigration policy.
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Legal Fight Over Removal Restrictions
- The core legal issue is whether 1935's Humphrey's Executor ruling on cause-based removals still applies or if removal restrictions infringe on presidential authority.
- Courts are divided largely on ideological lines, with Republican appointees favoring presidential removal power and Democrats defending agency independence.
Supreme Court's Cautious Approach
- The Supreme Court has so far allowed the lower court process to proceed without decisively resolving the removal issue.
- The Trump administration repeatedly files emergency petitions, a tactic uncommon among previous presidents.
Fed Chair Firing Likely Allowed
- The Federal Reserve Board governors have similar four-cause removal restrictions as other agencies.
- If removal restrictions are struck down elsewhere, it implies the president could fire Fed governors, despite market and political costs.