Trump Was Right To Fire Fed Governor Lisa Cook, And Here’s Why

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In public service, integrity is judged in real time, not deferred until a jury renders a verdict.  

President Donald J. Trump was right — and within his rights — to fire Federal Reserve Governor Lisa Cook for cause. The Federal Reserve Act explicitly gives the president authority to remove a governor “for cause” under 12 U.S.C. § 242.   

That authority does not turn on a criminal conviction; the statute contains no such requirement. And while Humphrey’s Executor v. United States did not involve the Fed, it affirmed the constitutionality of “for-cause” limits for independent-agency officers — the same principle Congress embedded in the Fed statute.  

Cook’s “cause” is alleged malfeasance tied to her mortgage paperwork. According to public reporting, in June 2021, Cook obtained a $203,000 mortgage in Michigan. Just two weeks later, in July 2021, she signed for a $540,000 mortgage in Georgia.

Each loan reportedly included a primary-residence occupancy clause requiring her to move in within 60 days and remain for at least one year unless the lender consented. If, as alleged, both applications represented those properties as “primary residences,” two homes in two states two weeks apart creates an irreconcilable timeline absent lender consent. Those facts remain subject to litigation, but they are sufficient to test integrity and meet a for-cause threshold pending judicial review.  

If prosecutors were to bring a case, the likely hook would be 18 U.S.C. § 1014 (false statements to a federally insured financial institution), which carries penalties up to 30 years in prison and a $1,000,000 fine per count. In practice, sentences are lower but still “hard time.” 

For example, in fiscal year 2021, the U.S. Sentencing Commission reported that 58 mortgage-fraud offenders were sentenced; roughly three-quarters received prison terms, with an average sentence of 14 months. Courts also regularly order restitution, and under 18 U.S.C. § 982, the government can forfeit property traceable to the offense, including the house itself.    

Put simply, mortgage fraud is no slap on the wrist. It puts people behind bars, often strips them of property, and can leave them with crushing debts for years.  

By Peter Navarro

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The Federalist is an American conservative online magazine and podcast focused on culture, politics, and religion. "Be lovers of freedom and anxious for the fray".

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