Trump’s Latest Order Seeks Greater Control Over Federal Regulators

President Donald Trump signed an executive order on Tuesday subjecting independent federal agencies to direct White House oversight. This action, as reported by Politico, is poised to face substantial legal opposition.

The order mandates that Russ Vought, Director of the Office of Management and Budget (OMB), establish performance standards for leaders of agencies traditionally operating autonomously, such as the Federal Communications Commission (FCC), the Federal Trade Commission (FTC), and the Securities and Exchange Commission (SEC). These agencies have historically functioned with a degree of independence to insulate them from political pressures. Per Politico, the executive order requires Vought to periodically report to the President on these agencies’ performance and efficiency in meeting the newly set standards.

This directive aligns with the unitary executive theory, which posits that the President holds sole authority over the executive branch. While this theory has been considered fringe, it has gained traction among certain conservative circles. According to Politico, many legal scholars argue that this approach contradicts the intent of Congress, which established these agencies to operate independently or semi-independently from presidential control.

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Historically, presidents have refrained from interfering with the operations of independent agencies, often appointing leaders with terms extending beyond a single presidency to maintain impartiality. However, this order shifts that paradigm by granting Vought supervisory authority over these entities. The executive order also empowers the OMB Director to review and adjust the agencies’ budgets as deemed necessary to advance the President’s policies and priorities.

The order asserts, “For the Federal Government to be truly accountable to the American people, officials who wield vast executive power must be supervised and controlled by the people’s elected President.” This statement underscores the administration’s rationale for consolidating control over independent regulatory bodies.

While the order formalizes actions the Trump administration has previously undertaken, it sets the stage for anticipated legal challenges. Notably, President Trump has already dismissed key figures such as Gwynne Wilcox, former chair of the National Labor Relations Board, and Jennifer Abruzzo, the NLRB’s general counsel. Wilcox has initiated legal proceedings contesting her removal. These actions, as detailed by Politico, reflect the administration’s broader strategy to assert control over entities designed to function with a degree of independence from executive influence.

Source: Politico