controversy over presidential removal of FEC commissioner
Ellen L. Weintraub, chairwoman of the F.E.C., rejects President Trump's attempt to fire her as legally invalid, emphasizing the need for Senate confirmation for any removal.
Ellen L. Weintraub, the chairwoman of the Federal Election Commission (F.E.C.), stated that she does not recognize a letter from President Trump relieving her of her duties as legally valid. In a recent interview, she expressed that President Trump had taken steps to fire her, which she is currently considering how to contest.
Ms. Weintraub shared a letter on social media signed by the president that stated she was "hereby removed" from the commission effective immediately. She argued, "There's a perfectly legal way for him to replace me. But just flat-out firing me, that is not it."
The F.E.C. is composed of six commissioners, split evenly between Democrats and Republicans. This structure often results in partisan deadlocks during elections investigations. Although Ms. Weintraub's term as commissioner expired in 2007, she has continued to serve, and the chair position rotates annually, which she resumed in January.
A commissioner is removed only when a replacement is nominated by the president and confirmed by the Senate. Ms. Weintraub claimed that President Trump lacks the authority to dismiss her without following this process. Furthermore, Trump did not specify a successor in his letter, and the confirmation of a new commissioner could take weeks.
Trevor Potter, a former commissioner nominated by President George H.W. Bush, criticized the president's actions, asserting that firing Ms. Weintraub would violate the constitutional separation of powers. He remarked, "Congress intentionally did not grant the president the power to fire F.E.C. commissioners."
The White House has not provided comments regarding this issue. Ms. Weintraub has been vocal in her efforts to address complaints filed against President Trump’s campaigns, indicating that this might have led to the president's decision to remove her.
