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Joe Matthew (0:00)
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Joe Matthew (0:36)
Or watch us live on YouTube. Thanks for being with us on the Wednesday edition of Balance of power on Bloomberg TV and radio, streaming live right now on YouTube. We have a lot to talk about following the president's address in Davos this morning, his ruling out of military activity in Greenland, and of course, the conversation about affordability that he tried to inject into that speech. His claims of economic growth all will be tested when we spend some time with Lael Brainard. But we've also got our eyes on the Supreme Court today, and there is some major crossover here as the court weighs a very simple question, whether President Trump can fire Fed governor Lisa Cook over mortgage fraud allegations that, of course, she has consistently denied. We heard the president's side of this case, speaking for the administration, Solicitor General John Sauer in arguments just a couple of hours ago. Listen, we would contend there's judicial review kind of at the outer perimeters of cause, whether something goes to conduct, fitness, ability or competence at all. But once you're within that, and we clearly are here, then there would be deference to the president, the statutory language caused without further qualifications itself, in its plain language, a broad conferral of authority on the president himself. Remembering that the Federal Reserve has been qualified as a different entity than every other federal agency in the court's declaration last May describing it as a uniquely structured quasi private entity that follows in the distinct historical tradition of the first and Second Banks of the United States. As we try to get closer to the center of this case, we bring in Tyler Kendall, Bloomberg Washington correspondent, has spent the day at the courthouse listening to arguments. Tyler the headline that we're running here on the terminal is that justices are skeptical of the White House's case. What are you hearing.
Tyler Kendall (2:27)
Right exactly, Joe and that was the indication that we got as we listened to the justices questioning not just of the solicitor General but also of Lisa Cook's lawyer as well, signaling this weariness over the Trump administration's efforts to oust Fed governor Lisa Cook and citing, interestingly enough, the potential ripple impacts when it comes to the economy, the markets, and, of course, the central bank's independence. Now, if we take a step back here, it's important to note that the case in front of the Supreme Court today has to do with the Trump administration's request for what's known as a stay of a preliminary injunction that has allowed Lisa Cook to retain her position while the broader issue of her firing plays out in court. So essentially, they're asking the justices if President Trump can fire Lisa Cook for now. However, it does have implications for down the road, because the justices were really asking questions that get to the heart of Lisa Cook's firing. And those themes that we saw the justices pull on really have to do with three different buckets. One is, does President Trump have sufficient cause to fire Cook? The second is what she afforded due process. And the third are these potential impacts down the road when it comes to the economy and the central bank's independence. And it was interesting because we did hear from one of those justices appointed by President Trump, Brett Kavanaugh, who in particular honed in on that last bucket, about what those impacts could be, saying that he is thinking about the, quote, real world, downstream effects and any precedent that this could set, not just for the future of the Trump administration, but any administration down the line. So, Joe, while it seemed that we were getting this sort of consensus for how the justices were feeling, there was less of a consensus about what they're going to do next. We could see them issue perhaps a narrow ruling citing concerns that Lisa Cook didn't have enough time to address these allegations of mortgage fraud against her. We could see a broader ruling where they define what cause means, what that legal standard actually should be defined as, since it's not explicitly known in the law. Or ultimately, Joe, they could just kick this back to the lower court and not issue an opinion at all. So there's a lot of different threads that we're watching here, and it's something that's going to develop in the weeks and months to come.
