Federal Reserve Chair Jerome Powell administers the oath of office to Lisa Cook to serve as a member of the Board of Governors at the Federal Reserve System during a ceremony at the William McChesney Martin Jr. Building of the Federal Reserve May 23, 2022, in Washington, D.C. (Photo by Drew Angerer/Getty Images)

WASHINGTON — The Trump administration made public Wednesday its plans to appeal a lower court ruling that keeps Federal Reserve governor Lisa Cook on the independent central bank’s board, for now.  

In a 49-page opinion released late Tuesday, U.S. District Judge Jia M. Cobb wrote that President Donald Trump “violated the Federal Reserve Act because (Cook’s) purported removal did not comply with the statute’s ‘for cause’ requirement” and that his attempts to remove Cook from the board “deprived her of procedural rights guaranteed by the U.S. Constitution.”

Trump said in late August that he wanted to remove Cook, the first Black woman to serve on the Federal Reserve Board, alleging she falsified some information in a mortgage application. 

Cook’s attorneys filed a lawsuit in federal court a few days later, arguing that Trump’s attempts were political and violated her due process rights. 

Trump’s targeting of Cook comes amid his pressure campaign on Federal Reserve Board Chair Jerome Powell to lower interest rates. 

Trump, who has been angling for more influence over the central bank, swiftly nominated his adviser Stephen Miran to fill a separate vacancy on the board ahead of the Fed’s meeting next week where members are widely expected to lower rates.

U.S. Senate Republicans advanced Miran’s nomination out of committee Wednesday morning. Miran is the chair of the White House Council of Economic Advisers.

Ruling seen as affirming Fed independence

Cobb said the case marks the first time in the Federal Reserve’s 111-year history that a president has sought to remove one of its members “for cause.”

The Federal Reserve Act doesn’t actually define what “for cause” entails, but Cobb wrote that reasons for firing under the law “are limited to grounds concerning an official’s behavior in office and whether they have been faithfully and effectively executing statutory duties. 

“The ‘for cause’ standard thus does not contemplate removing an individual purely for conduct that occurred before they assumed the position.”

Cook’s attorney’s Abbe David Lowell, of Lowell and Associates, and Norm Eisen, head of the advocacy organization Democracy Defenders Fund, hailed the district court injunction.

“The court’s ruling recognizes and reaffirms the importance of safeguarding the independence of the Federal Reserve from illegal political interference,” Lowell and Eisen said in a statement Wednesday morning. 

“Allowing the president to unlawfully remove Governor Cook on unsubstantiated and vague allegations would endanger the stability of our financial system and undermine the rule of law. Governor Cook will continue to carry out her sworn duties as a Senate-confirmed Board Governor member.”

Judge Cobb agreed with their assessment that the president seeking to remove Cook represented irreparable harm and that “the public interest in Federal Reserve independence weighs in favor of Cook’s reinstatement.”

Cobb wrote that she “likely cannot directly ‘enjoin the President in the performance of his official duties’ to require him to reappoint Cook.” So she instead issued a preliminary injunction directing Powell “and the Board of Governors to allow Cook to continue to operate as a member of the Board for the pendency of this litigation.”

Attorneys for the Trump administration notified the district court they plan to appeal Cobb’s preliminary injunction to the the United States Court of Appeals for the District of Columbia. 

This story was updated at 4:33 p.m.