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Lisa Cook's fate heads to court

Lisa Cook's fate heads to court
Federal Reserve governor Lisa Cook could file a suit over her firing as early as Wednesday in a case that could ultimately decide the limits of a president's control of the Fed.Why it matters: While it would likely take months to be fully resolved, near-term decisions on the horizon will hold major consequences for America's tradition of central bank independence.Context: The courts will likely be asked to rule on whether Cook can continue to serve — and vote on interest rate policy at the September policy meeting — as the case plays out. That ruling would set a significant precedent.It is already a delicate time for a Fed that is trying to balance elevated inflation and weaker hiring. Now the political guardrails around the central bank are also being redrawn in real time.What to watch: Cook's lawsuit is expected to seek a preliminary injunction that asks the court to permit her to stay in the post while the courts examine the broader case.Whichever side loses on that ruling — Cook or the Trump administration — is likely to file an emergency appeal, Peter Conti-Brown, a professor of financial regulation at The Wharton School of the University of Pennsylvania, wrote Wednesday morning.One can imagine the messiness — and possible financial market confusion — of Cook having to vacate the post and President Trump naming a replacement, only for Cook to be reinstated later if a court ultimately decides Trump could not fire Cook.For that reason, Conti-Brown argued, the resolution of the injunction request even on an emergency basis could determine the future of the central bank's independence.What they're saying: "The litigation may continue winding its way through the courts, but the entire political moment will shift dramatically during that pendency," Conti-Brown wrote. "If Cook wins, she stays in place and we achieve some semblance of stability. If she loses, there will be no restoration of status quo ante," he added. "That's the end of Fed independence as it has been constructed and reconstructed over 112 years. "The big picture: The Fed had been quiet in the aftermath of Trump's firing Cook on Monday. That changed Tuesday afternoon.A spokesperson said the Fed would "abide by any court decision" that determines if Cook could continue to serve. The statement also defended the structure of the Fed's Board of Governors: "Long tenures and removal protections for governors serve as a vital safeguard, ensuring that monetary policy decisions are based on data, economic analysis, and the long-term interests of the American people."Between the lines: Cook's suit will address the question of what counts as sufficient "cause" for the Trump administration to remove a Fed official.The White House says the mortgage fraud accusations lodged by housing regulator Bill Pulte give Trump legal cover to fire Cook.There have been no formal charges brought against Cook, and she has not yet offered a detailed response to the substance of the accusations, first lodged on social media just one week ago.The other side: "If it were me ... I would either deny it because it was not true, or I would go on leave until people resolve that," top White House economist Kevin Hassett told reporters Wednesday morning."The fact that she is not doing that suggests that she is partisan and is trying to make a partisan stance, which is contrary to the independence of the Fed," Hassett added.

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