The Federal Election Commission is at the center of controversy as a Democratic member, Ellen Weintraub, claims President Trump is attempting to improperly remove her from her position. In a statement released Thursday evening, Weintraub revealed she received a letter from Trump, dated January 31, that allegedly seeks her removal.
Weintraub asserted on social media, “There’s a legal way to replace FEC commissioners – this isn’t it. I’ve been so fortunate to serve the American people and stir up some good trouble along the way. That’s not changing anytime soon.”
The FEC is an independent agency responsible for administering and enforcing campaign finance laws. Its commissioners, appointed by the president and confirmed by the Senate, serve staggered six-year terms, ensuring that no political party dominates the commission.
Current circumstances complicate the commission’s operations, with a vacant seat and multiple members serving expired terms, including Weintraub herself. Trevor Potter, a former Republican chair of the FEC, commented that while Trump has the right to appoint a replacement for Weintraub, his method of attempting to remove her disregards legal protocols.
“Trump is free to nominate multiple new commissioners and allow Congress to perform its constitutional role of advice and consent,” Potter stated. “However, it is against the law for him to unilaterally ‘fire’ a commissioner who has been vocal in critiquing him and the FEC’s failure to hold him accountable.”
The Campaign Legal Center has filed several campaign finance complaints against Trump’s 2024 campaign. Daniel Weiner, director of the Elections and Government Program at the Brennan Center for Justice, noted the timing of Trump’s attempted removal coincides with the FEC’s consideration of complaints against Trump’s campaign, as well as those filed by his campaign against the Harris campaign.
Weiner expressed concerns regarding the broader implications of Trump’s actions, stating, “The timing here raises alarms about unchecked power as the president and his significant donor enact a major reorganization without adhering to Congress’s checks and balances. This scenario highlights the risks of one party abusing its temporary control of the federal government.”
The White House has yet to respond to requests for clarification on the matter. Weiner further pointed out that no president has previously attempted to dismiss a member of the opposing party from the FEC without first consulting with congressional leaders. He speculated that legal action is a possible outcome, as commissioners cannot be removed without cause, and Trump’s letter does not cite any. This could provide grounds for a potential lawsuit.
