Trump v. Cook

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Trump v. Cook
Seal of the United States Supreme Court.svg
Full case nameDonald J. Trump, et al. v. Lisa D. Cook
Docket no. 25A312

Lisa Cook v. Donald J. Trump, et al. is a lawsuit brought by Lisa Cook, a member of the Federal Reserve Board of Governors, against U.S. president Donald Trump, the board, and its chairman, Jerome Powell. Cook contended that her "for cause" removal, executed by Trump as president, was not justified.

Contents

On September 9, 2025, District of Columbia U.S. District Court Judge Jia Cobb issued a preliminary injunction preventing the firing of Cook, stating that "the Court finds that Cook has made a strong showing that her purported removal was done in violation of the Federal Reserve Act's 'for cause' provision." [1] [2] [3] On September 15, the United States Court of Appeals for the District of Columbia Circuit rejected an emergency appeal by the Trump administration to remove Cook before the September 2025 meeting of the Federal Open Market Committee. [4] [5] On October 1, the Supreme Court rejected an emergency appeal filed by the Trump administration to remove Cook, but scheduled oral arguments to be held in January 2026 over whether Trump has legal cause for the firing. [6] [7]

The New York Times has called Cook's case "a landmark legal battle" that "will have far-reaching consequences", predicting that it is ultimately bound for the Supreme Court. [8]

Background

Removal of Lisa Cook

In January 2021, then-President Joe Biden nominated Lisa Cook to serve on the Federal Reserve Board of Governors. [8] She was confirmed in May 2022. As a member of the board, Cook has consistently voted with its chairman, Jerome Powell, particularly in deciding to stay interest rates in the aftermath of the 2021–2023 inflation surge. [9]

On August 15, 2025, Federal Housing Finance Agency director Bill Pulte accused Cook of mortgage fraud, saying based on documents obtained by the agency, she claimed two different homes as her primary residence in 2021 to get better loan terms. Pulte said he submitted a criminal referral to the Department of Justice. [10] Pulte had already made similar accusations against two other political adversaries of President Donald Trump, namely New York Attorney General Letitia James and Senator Adam Schiff. [11] [12]

On August 20, Trump posted on Truth Social calling for Cook's resignation. [13] Later that day, Cook rejected the demand, saying she would not be pressured to leave her post over "some questions raised in a tweet" and promised "to take any questions about [her] financial history seriously as a member of the Federal Reserve". [14]

On August 25, President Trump announced that he fired Cook because of the allegations of mortgage fraud. [15] [16] In a response, Cook said "President Trump purported to fire me 'for cause' when no cause exists under the law, and he has no authority to do so." Cook's attorney, Abbe Lowell, said that: "President Trump has taken to social media to once again 'fire by tweet' and once again his reflex to bully is flawed and his demands lack any proper process, basis or legal authority ... We will take whatever actions are needed to prevent his attempted illegal action". [17] In the Federal Reserve's 112 years of operation, the attempted firing of Cook is the first time a president has attempted to fire a governor. [18]

During a CNBC interview on September 4, Pulte was questioned by journalist Andrew Ross Sorkin about perceptions of "political weaponization". Sorkin stated that "If, for example, the tip came from inside the administration, or came from even inside your agency, with somebody who works for you ... then that creates the perception issue". [19] Pulte refused to clarify if the tip about alleged mortgage fraud had come from within the government or from the general public. Pulte also refused to comment when asked if his agency would be reviewing the records of Republican Ken Paxton, the attorney general of Texas, who has declared three separate Texas homes as primary residences in mortgage documents, according to reporting by The New York Times. [19] [20] Multiple members of Trump's second cabinet have also held dual primary residence mortgages. [21] [22]

On September 12, Reuters published an analysis of "loan [and] job-vetting forms" that were submitted by Cook in 2021, stating that the declarations made in both documents "appear to undercut fraud claims". [23] A loan estimate submitted for Cook's Atlanta home shows that she had "declared the property as a 'vacation home'", rather than a principal residence. Cook's national security clearance form (SF-86), submitted during the hiring process for her role at the Federal Reserve, shows that she had "declared the Atlanta property as a '2nd home.'" Property records reviewed by Reuters also revealed that Cook never sought a primary residence tax exemption in Georgia. [23] These documents were independently verified by The Washington Post and the Financial Times, with the Post additionally noting that "Cook's financial disclosure forms indicate she has a loan against a property in Atlanta with an interest rate of 3.25 percent, which was slightly higher than prevailing rates for a primary residence at the time she took on the mortgage." [24] [25] The New York Times wrote that the documents "appear to add to the uncertainty" regarding accusations made by the Trump administration, raising "the possibility that Ms. Cook did not try to deceive lenders about one of the properties when she purchased it before joining the board of the nation's central bank in 2022." [26] On September 15, Reuters reported that a request made to the tax assessor of Ann Arbor, Michigan did not reveal any violation of primary residence rules related to tax exemptions for Cook's property in the city. [27]

"For cause" removal

The Federal Reserve Act allows a president to remove a member of the Federal Reserve Board of Governors for cause, an ambiguous term. [28] Prior interpretations of "for cause" statutes involve inefficiency, neglect of duty, or malfeasance. [29] [ verification needed ]

On September 2, 2025, an open letter signed by 593 economists and several Nobel laureates was released; it defended Federal Reserve independence and warned that firing Cook would erode trust in "one of America's most important institutions", stating in part that "Good economic policy requires credible monetary institutions. Credible monetary institutions, in turn, require the independence of the Federal Reserve." [30] [31] [32] The letter, addressed to President Trump, Congress, and the American public, additionally argued against undue political influences, remarking that "protection [of Fed governors] is not merely a legal formality; it is a practical mechanism, designed to ensure that monetary policy cannot be misused for political gain at the expense of what's best for the economy." [33]

Lawsuit

On August 28, 2025, Cook sued Trump, the Board of Governors, and Jerome Powell, [34] arguing that Trump lacked authority to dismiss her. [35] She requested that a judge issue a preliminary injunction to retain her position and "A declaration that President Trump's August 25, 2025 purported firing of Governor Cook is unlawful and void and that Governor Cook remains an active member of the Board of Governors of the Federal Reserve". [36] [34] Bloomberg News described the lawsuit as the beginning of "a historic fight" over the Federal Reserve's independence. [36] Hours later, Judge Jia M. Cobb scheduled an initial hearing on the injunction for the following day. [37]

At the hearing on August 29, Cook's legal team accused the administration of waging "an obvious smear campaign" and making "vague, unsubstantiated allegations". The plaintiff requested a temporary restraining order. Judge Cobb did not make a ruling on the request at this hearing. [38]

On September 9, federal Judge Jia Cobb issued a preliminary injunction that blocks President Trump from removing Lisa Cook from her position at the Federal Reserve while the case proceeds in court. [39] [1] [40] Cobb wrote that the "for cause" clause "does not contemplate removing an individual purely for conduct that occurred before they began in office". Cook's lawyer, Abbe Lowell, released a statement, saying in part that the ruling "recognizes and reaffirms the importance of safeguarding the independence of the Federal Reserve from illegal political interference" and that "Governor Cook will continue to carry out her sworn duties as a Senate-confirmed Board Governor" for the time being. [1] [2] [3] In the same week, the Trump administration filed an emergency motion for appeal with the United States Court of Appeals for the District of Columbia Circuit. [41]

On September 15, the D.C. Circuit ruled that the President could not terminate Cook before the Federal Open Market Committee's September 2025 meeting in a 2 to 1 decision. [4] [5] On September 18, the Trump administration petitioned the Supreme Court with an emergency appeal to lift the lower court rulings. [42] [43] On September 25, an amicus brief in the case urging the Supreme Court to block Trump's firing of Cook was signed by: [44] [45]

On October 1, the Supreme Court deferred an emergency request from Trump to remove Cook immediately, deciding to reconsider the issue in January. [6] [7]

See also

References

  1. 1 2 3 Mangan, Dan (September 9, 2025). "Judge blocks Trump from firing Fed Governor Lisa Cook while lawsuit plays out". CNBC. Retrieved September 10, 2025.
  2. 1 2 Smith, Colby; Romm, Tony (September 9, 2025). "Judge Rules Fed Governor Can Remain in Role, for Now". The New York Times. Retrieved September 10, 2025.
  3. 1 2 Berman, Dan; Mena, Bryan (September 9, 2025). "Judge blocks Trump effort to fire Federal Reserve Governor Lisa Cook". CNN. Retrieved September 10, 2025.
  4. 1 2 Breuninger, Kevin (September 15, 2025). "Trump cannot fire Fed's Lisa Cook before FOMC meeting, appeals court rules". CNBC. Retrieved September 15, 2025.
  5. 1 2 Rugaber, Christopher (September 15, 2025). "Appeals court rejects Trump's bid to unseat Federal Reserve governor Lisa Cook ahead of rate vote". Associated Press. Retrieved September 15, 2025.
  6. 1 2 Mangan, Dan; Cox, Jeff (October 1, 2025). "Supreme Court lets Fed Governor Lisa Cook keep job pending oral argument in January". CNBC. Retrieved October 1, 2025.
  7. 1 2 Sherman, Mark (October 1, 2025). "Supreme Court lets Lisa Cook remain as a Federal Reserve governor for now". Associated Press. Retrieved October 1, 2025.
  8. 1 2 Smith, Colby; Casselman, Ben (August 29, 2025). "How the Future of the Fed Came to Rest on Lisa Cook". The New York Times. Retrieved September 3, 2025.
  9. "Who Is Lisa Cook, the Fed Governor Trump Says 'Must Resign'?". Wall Street Journal . August 20, 2025. Retrieved September 28, 2025.
  10. "Trump says Fed Governor Lisa Cook 'must resign' after William Pulte alleges mortgage fraud". NBC News. August 20, 2025. Retrieved August 21, 2025.
  11. Nguyen, Danny (August 21, 2025). "Meet the Trump housing official leading probes into the president's foes". POLITICO. Retrieved August 26, 2025.
  12. Aratani, Lauren (September 4, 2025). "US justice department reportedly opens criminal inquiry into Fed governor Lisa Cook". The Guardian . Retrieved September 4, 2025.
  13. "President Steps Up Attack on Fed as He Demands a Governor Resign". August 20, 2025. Retrieved August 21, 2025.
  14. Mena, Bryan (August 20, 2025). "Trump is pressuring yet another top Fed official to resign, but she says she won't be 'bullied'". CNN. Retrieved August 21, 2025.
  15. Horsley, Scott (August 25, 2025). "Trump seeks to fire Fed governor Lisa Cook". NPR. Retrieved August 26, 2025.
  16. Elisabeth Buchwald; Bryan Mena (August 26, 2025). "Lisa Cook: Trump says he has fired Fed governor, escalating his battle against the central bank". CNN. Retrieved August 26, 2025.
  17. Doherty, Erin; Mangan, Dan (August 25, 2025). "Trump tells Fed's Lisa Cook she's fired; she says 'he has no authority to do so'". CNBC. Retrieved August 26, 2025.
  18. Rugaber, Christopher (August 28, 2025). "Federal Reserve Governor Lisa Cook sues the Trump administration to overturn her firing". Associated Press News . Retrieved August 28, 2025.
  19. 1 2 Breuninger, Kevin (September 4, 2025). "Pulte refuses to say where he got Lisa Cook mortgage fraud 'tip'". CNBC. Retrieved September 4, 2025.
  20. Salhotra, Pooja (July 24, 2025). "Ken Paxton Claimed Three Houses as His Primary Residence, Records Show". The New York Times. Retrieved September 4, 2025.
  21. Breuninger, Kevin (September 17, 2025). "Bessent made mortgage claims similar to ones Trump cited to try to fire Fed's Cook: Report". CNBC. Retrieved September 17, 2025.
  22. Faturechi, Robert; Elliott, Justin; Mierjeski, Alex (September 4, 2025). "Trump Is Accusing Foes With Multiple Mortgages of Fraud. Records Show 3 of His Cabinet Members Have Them". ProPublica. Retrieved September 19, 2025.
  23. 1 2 Prentice, Chris; Taylor, Marisa (September 12, 2025). "Exclusive: Fed Governor Cook declared her Atlanta property as "vacation home," documents show". Archived from the original on September 12, 2025. Retrieved September 12, 2025.
  24. Siegel, Rachel; Ackerman, Andrew (September 12, 2025). "Fed governor Lisa Cook called condo a second home, documents show". The Washington Post. Retrieved September 13, 2025.
  25. Jones, Claire (September 12, 2025). "Federal Reserve governor Lisa Cook listed contested home as vacation property". Financial Times. Retrieved September 13, 2025.
  26. Romm, Tony; Casselman, Ben; Smith, Colby (September 13, 2025). "In Some Records, Fed Governor Listed Atlanta Home as Secondary". The New York Times. Retrieved September 13, 2025.
  27. Taylor, Marisa; Prentice, Chris (September 15, 2025). "Exclusive: No evidence of primary residence violation by Fed Gov Lisa Cook, says Michigan official". Reuters. Thomson Reuters. Retrieved September 17, 2025.
  28. Kimball, Spencer (August 26, 2025). "Trump's Cook firing will likely end up in the Supreme Court's hands". CNBC. Retrieved September 19, 2025.
  29. Larson, Erik (September 18, 2025). "What is the mortgage fraud Lisa Cook is accused of?". Bloomberg News .
  30. Breuninger, Kevin (September 2, 2025). "Fed Governor Lisa Cook 'did not ever commit mortgage fraud,' her lawyer says". CNBC. Retrieved September 3, 2025.
  31. "Economists back Fed Governor Cook as Trump attempts ouster". France 24 . Agence France-Presse. September 3, 2025. Retrieved September 3, 2025.
  32. Deryugina, Tatyana (September 2, 2025). "Open Letter in Support of Governor Lisa Cook & Fed Independence". GitHub. Retrieved September 3, 2025.
  33. Baio, Ariana (September 2, 2025). "Hundreds of economists sign open letter backing embattled Fed Governor Lisa Cook after Trump attacks". The Independent. Retrieved September 3, 2025.
  34. 1 2 "Cook v. Trump". CourtListener . August 28, 2025. Retrieved August 28, 2025.
  35. Jones, Callum; Aratani, Lauren (August 28, 2025). "Fed governor Lisa Cook sues Trump over his 'illegal attempt' to fire her". The Guardian . Retrieved August 28, 2025.
  36. 1 2 Larson, Erik; David, Voreacos; Tillman, Zoe (August 28, 2025). "Lisa Cook Suit Says Her Firing By Trump Puts US Economy At Risk". Bloomberg News .
  37. Romm, Tony (August 28, 2025). "Judge Jia M. Cobb has scheduled an initial hearing for Friday in the lawsuit brought by Lisa Cook to remain as governor on the Federal Reserve Board". New York Times .
  38. Kopack, Steve (August 29, 2025). "Lisa Cook begins court fight to keep her job at the Fed". NBC News . Retrieved August 29, 2025.
  39. Hoskins, Peter (September 9, 2025). "Trump temporarily blocked from firing Fed governor". BBC. Retrieved September 10, 2025.
  40. Cobb, Jia M. (September 9, 2025). "Cook v. Trump, No. 25-cv-2903 (JMC), ECF No. 28, (preliminary injunction granted)" (PDF). CourtListener. United States District Court for the District of Columbia. p. 1. Retrieved September 10, 2025.
  41. Breuninger, Kevin (September 11, 2025). "Trump asks appeals court to let him fire Lisa Cook before next week's Fed meeting". CNBC. Retrieved September 11, 2025.
  42. Mangan, Dan (September 18, 2025). "Trump administration asks Supreme Court to allow firing of Fed Governor Lisa Cook". CNBC. Retrieved September 18, 2025.
  43. Sherman, Mark (September 18, 2025). "Trump asks the Supreme Court for an emergency order to remove Lisa Cook from the Fed board". Associated Press. Retrieved September 18, 2025.
  44. Sherman, Mark (September 25, 2025). "Greenspan, Bernanke and Yellen urge Supreme Court to let Lisa Cook keep her job as a Fed governor". Associated Press. Retrieved September 25, 2025.
  45. Mangan, Dan (September 25, 2025). "Former Fed, Treasury chiefs urge Supreme Court to block Trump firing Lisa Cook". CNBC. Retrieved September 25, 2025.

Works cited

Further reading