Democrats Urge Trump to Reinstate Ousted FTC Commissioners

A group of leading House Democrats has urged former President Donald Trump to reinstate the Democratic commissioners he recently removed from the Federal Trade Commission (FTC), calling the dismissals a “clear violation of the law.” According to a statement from these lawmakers, the removals raise concerns about the independence of the agency and its ability to enforce antitrust laws impartially.

This development comes as Trump’s nominee for the FTC, Mark Meador, faced scrutiny from Senate Democrats during his confirmation hearing before the Commerce, Science, and Transportation Committee. Lawmakers questioned Meador about the agency’s independence amid fears that the White House might attempt to exert undue influence over its enforcement actions.

During the hearing, Senator Andy Kim (D-N.J.) emphasized the importance of credibility in the FTC’s rulings. “There is a sense of credibility… that credibility is critical for the FTC to be able to function,” Kim stated. He further stressed that decisions involving major technology firms must be perceived as fair and free from political influence.

Meador, an antitrust attorney, responded that his role, if confirmed, would be to “show up each day working to serve the American people and enforcing the law the way that it has been written.” According to his statement, he believes the other commissioners share his commitment to impartiality.

The FTC, an independent body led by five commissioners, is designed to enforce antitrust laws and protect consumers. No more than three members of the commission may belong to the same political party. With the departure of former Chair Lina Khan, the agency has faced a partisan deadlock. If Meador is confirmed, Republican commissioners would regain a majority.

Related: Trump Fires Two Democratic FTC Members, Raising Questions Over Regulatory Independence

Concerns over the FTC’s autonomy have intensified as the agency pursues multiple antitrust cases against major technology companies. Trials are expected to commence in the coming months, making the composition of the commission a critical issue. According to lawmakers, some tech leaders have previously engaged with Trump’s administration, raising fears that enforcement efforts could be weakened.

Senator Gary Peters (D-Mich.) pressed Meador on the Justice Department’s recent stance that legal protections preventing a president from removing independent regulatory commissioners are unconstitutional. This stance challenges a precedent set in Humphrey’s Executor v. United States, which established that the president cannot dismiss FTC commissioners without cause.

When asked whether he agreed with the DOJ’s position, Meador declined to take a stance, deferring to the Justice Department and the White House on legal interpretations. “The FTC is involved in litigation involving this question right now,” Meador explained, noting that it would be “inappropriate” for him to comment further. However, he reaffirmed his intention to enforce the law impartially if confirmed.

Senator Tammy Duckworth (D-Ill.) also questioned Meador about whether the president should have the authority to fire FTC commissioners at will. In response, Meador avoided a direct answer, instead stating that Americans are primarily concerned about high prices and cost-of-living issues. Duckworth, unimpressed, responded, “That is good, sucking up to the president,” before repeating her question. Meador maintained that the issue was currently under litigation and declined to comment.

Source: AOL