MNI BRIEF: DOJ Argues Trump Didn't Fire Cook Over Rate Control

U.S. government attorneys responded Thursday to Federal Reserve Governor Lisa Cook’s effort to block her removal from the central bank, saying President Trump's decision to fire her is not subject to court review and there's no legal requirement that she be given a right to defend herself against the mortgage fraud allegations. 

In a 21-page supplemental brief, the Justice Department said Cook's claim that her termination is a pretext to lower interest rates is baseless. "The mere existence of policy disagreement does not mean the President removed Dr. Cook because of that policy disagreement," they said. "Dr. Cook’s policy disagreements with the President cannot be used to immunize her from the consequences of her misconduct or removal for such a cause-based rationale." (See: MNI: Legal Experts Say Fed's Cook Will Prevail Against Trump) 

"The President has expressed disagreement with the policy choices of many members of the Board, but has removed only one: Dr. Cook, after the mortgage revelations." (See: COOK v. TRUMP et al.pdf) 

Trump's lawyers also repeated arguments that firing "for cause" is not subject to judicial review and the "President had abundant cause for his action under any standard, especially after accounting for deference and constitutional avoidance."

It's unclear how the suit will proceed, as the DOJ has requested a decision by September 9, while Cook's lawyers have asked for further motions and a hearing after Sept. 15.