Fed
Changes Course and Takes On Trump’s Political Fight
The
Justice Department’s decision to open up a criminal investigation of Jerome H.
Powell, the chair of the Federal Reserve, is a major escalation in the pressure
campaign against the central bank to cut interest rates.
Colby
Smith
By Colby
Smith
Colby
Smith covers the Federal Reserve.
https://www.nytimes.com/2026/01/12/business/federal-reserve-changes-course-trump-administration.html
Jan. 12,
2026
Updated
2:55 p.m. ET
Jerome H.
Powell wanted to avoid a fight. That had long been his approach to handling
President Trump and his relentless attacks on the Federal Reserve, which in his
second term had taken on heightened intensity.
Between
an executive order wresting more control over the Fed’s oversight of Wall
Street to Mr. Trump’s attempt to oust a sitting member of the policy-setting
board of governors, the Fed had stuck to a time-tested strategy: Avoid
provoking the president. At times, that meant bending to meet his demands in
areas like climate change and bank regulation. But Mr. Powell, the Fed chair,
drew the line when it came to protecting the central bank’s autonomy to set
interest rates.
A
criminal investigation into whether Mr. Powell lied to Congress, revealed by
The New York Times on Sunday, has prompted the central bank to jettison its
cautious approach and fight. The battle’s outcome could determine whether the
Fed remains an independent entity.
“Trump is
now exercising the nuclear option, so there is no longer a reason for Powell
not to speak his mind,” said Maurice Obstfeld, a senior fellow at the Peterson
Institute for International Economics, who was formerly the chief economist at
the International Monetary Fund.
Mr.
Powell’s decision to push back, which came in a rare video message on Sunday
evening, tees up the most challenging moment in his roughly eight years at the
helm of the central bank. Mr. Powell, whose term as chair ends in May, must now
decide how hard to continue fighting and whether to remain in his role as a
governor, a term that is set to expire in 2028.
A ‘New
Threat’
Mr.
Powell and staff members at the Fed worked through the weekend after the
Justice Department served the central bank with grand jury subpoenas late on
Friday. What culminated was a two-minute video released Sunday evening
featuring Mr. Powell bluntly calling out the administration for seeking to
leverage a criminal investigation into costs related to the Fed’s renovation of
its headquarters as “pretexts” to coerce the central bank into lowering
borrowing costs.
“This new
threat is not about my testimony last June or about the renovation of the
Federal Reserve buildings,” Mr. Powell said on Sunday. “The threat of criminal
charges is a consequence of the Federal Reserve setting interest rates based on
our best assessment of what will serve the public, rather than following the
preferences of the President.”
The Fed
has cut interest rates only gradually, reducing them by 0.75 percentage points
since September to a new range of 3.5 percent to 3.75 percent. Mr. Trump has
demanded rates as low as 1 percent, calling Mr. Powell a “numbskull” and a
“stubborn mule” for refusing to concede.
Friday’s
subpoenas relate to renovations that have been taking place since 2022 at the
Fed’s headquarters in Washington. The sprawling project, which is set to be
completed in 2027, is $700 million over budget and is expected to cost roughly
$2.5 billion.
Mr. Trump
seized on the renovations as a new line of attack against the central bank this
summer, accusing Mr. Powell of mismanagement and taking the rare step of
showing up at the construction site for a tour. Legal experts saw it as the
potential groundwork to try to remove the Fed chair for “cause,” the only
justification a president can use to lawfully fire an official at the central
bank. Cause has typically meant gross malfeasance or a dereliction of duty
while in office, although it has never been tested.
Mr.
Powell’s decision to respond directly by video reflected the explosive nature
of the Justice Department’s move. Never before has a Fed chair faced a criminal
investigation. It also represented a stark departure from the administration’s
attacks on Mr. Powell to date, which had typically taken the form of personal
insults from Mr. Trump. The president, who nominated Mr. Powell to the job
during his first term, had also threatened to fire the Fed’s chair, but had not
acted on it. Still, Mr. Powell had pre-emptively retained outside counsel,
hiring Williams & Connolly, a top litigation firm in Washington.
Mr. Trump
instead tried to oust Lisa D. Cook, whom the Biden administration had appointed
to the Fed. The president, citing allegations of mortgage fraud, said he had
cause to remove her. Arguments for the case will be heard by the Supreme Court
on Jan. 21.
Mr.
Powell, a lawyer by training, and close advisers saw the Justice Department’s
investigation as a sharp escalation in the administration’s affront against the
institution that required a forceful response.
Mr. Trump
denied having knowledge of the U.S. attorney’s investigation, saying on Sunday
that he did not “know anything about it, but he’s certainly not very good at
the Fed, and he’s not very good at building buildings,” referring to Mr.
Powell.
In the
past, Mr. Powell had demurred from commenting directly on the president’s
attacks. Instead, he spoke in favor of the importance of the Fed maintaining
its longstanding independence, a protection Congress granted the central bank
so that officials set rates with an aim to attain low, stable inflation and a
healthy labor market, rather than to the benefit of whomever is in the White
House. But that changed on Sunday.
“He
didn’t mince words,” said Kenneth Rogoff, a professor of economics at Harvard
and a former chief economist of the International Monetary Fund. “He’s tended
to turn the other cheek, and he’s reached a moment where he can’t.”
“The Fed
seems to recognize that this administration rarely stops pressuring people and
organizations to get what it wants, so anyone who won’t capitulate to that
pressure ultimately needs to fight back,” added Douglas Elmendorf, a former
director of the Congressional Budget Office who teaches at Harvard.
Mr.
Powell on Monday got the backing of every living former chair of the Fed, as
well as multiple former Treasury secretaries who called out what they described
as “prosecutorial attacks to undermine that independence.”
“This is
how monetary policy is made in emerging markets with weak institutions, with
highly negative consequences for inflation and the functioning of their
economies more broadly,” they wrote in a joint statement.
Janet L.
Yellen, who served as Fed chair between 2014 and 2018 and was among the
statement’s signatories, said in an interview that the investigation
constituted the most significant attack ever on the central bank’s
independence.
“The fact
that he is willing to go that far to intimidate a Fed official suggests he’s
going to stop at nothing to get his way with respect to Fed policy,” she said.
“If you
can bring charges for no reason whatsoever against your enemies, we’re no
longer living in a society governed by the rule of law.” She added: “That’s the
end of Fed independence.”
Independence
Imperiled?
The
guardrails protecting the Fed’s independence were crafted by Congress to avoid
a president having undue influence over major policy decisions that have
significant sway over the trajectory of the economy.
One of
the foremost protections revolve around the seven members of the powerful board
of governors. Those officials are nominated by the president and confirmed by
the Senate, but they cannot be fired at will. They also serve staggered 14-year
terms.
Rate
decisions are voted on by a 12-person committee made up of the members the
board, the president of the Federal Reserve Bank of New York and a rotating set
of four presidents from the 12 regional banks.
If Mr.
Powell opts to stay on as a governor — something he has declined to publicly
comment on — that would deny Mr. Trump the opportunity to appoint another
member to the board.
“It’s
harder for him to go now,” Scott Alvarez, the Fed’s former general counsel,
said of Mr. Powell. “If he goes now, it’s under a cloud. If they hadn’t done
anything, he might have just left.”
The
president gained an unexpected vacancy in August when Adriana Kugler abruptly
stepped down as governor after repeatedly violating the central bank’s trading
rules. He tapped for the job one of his top economic advisers, Stephen I.
Miran, who took only a temporary leave of absence from the White House.
Mr. Trump
is also in the final stages of selecting Mr. Powell’s replacement for chair.
Kevin A. Hassett, the director of the White House National Economic Council, is
a top contender.
Appearing
Monday on CNBC, Mr. Hassett said that he had “not been involved” in the Justice
Department’s decision to investigate the Federal Reserve. He said that he had
not been briefed on the matter, and that he would “expect” the president had
not been as well.
Pressed
repeatedly during the interview on the extent to which the president hoped to
use the investigation to pressure the Fed to lower interest rates, Mr. Hassett
at one point told CNBC: “In the fullness of time, we’ll find out whether it
looks like a pretext.”
Asked on
Monday about the investigation, Karoline Leavitt, the White House press
secretary, took the opportunity to critcize Mr. Powell.
“I do
know one thing for sure, Jerome Powell is not very good at his job,” she said
in an interview with Fox News. “As to whether he’s a criminal, that’s an answer
the Department of Justice is going to have to find.”
In a sign
that the investigation could have an impact on the Senate confirmation process,
Senator Thom Tillis, Republican of North Carolina and a member of the Banking
Committee, on Sunday vowed to oppose any nominee for the Fed, including any
coming chair vacancy, citing reports of subpoenas.
The
investigation will also have broad implications for Ms. Cook’s case. The
Supreme Court will be ruling on how much latitude a president has to remove a
Fed official and the extent to which they can define what constitutes cause.
“I hope
the Supreme Court is watching, because it would eviscerate the independence of
the Federal Reserve if the president could remove somebody on an allegation
rather than on a finding of some criminal behavior,” Mr. Alvarez said. “The
fact that the D.O.J. has alleged this doesn’t make it true.”
Kathryn
Judge, a professor at Columbia Law School, added that “the Federal Reserve will
not remain independent if the president feels entitled to use every tool at his
disposal to harass and intimidate Fed officials.”
Tony Romm
and Alan Rappeport contributed reporting.
Colby
Smith covers the Federal Reserve and the U.S. economy for The Times.
See more
on: U.S. Politics


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