By Jody Godoy
(Reuters) – A U.S. senator has demanded to know whether the White House has considered firing Democrats on the bipartisan Federal Trade Commission, a move that would be illegal under current law.
U.S. Senator Richard Blumenthal, a Democrat from Connecticut, on Friday said he is concerned that Federal Trade Commission Chairman Andrew Ferguson’s actions are undermining the FTC’s independence and threatening the bipartisan structure of the agency Congress created.
Ferguson has previously said the president should have the power to remove officials who do not support his agenda, though that is not allowed under law except in cases such as corruption or neglect of duty.
Blumenthal asked Ferguson to explain his stance and disclose any conversations about firing Democratic commissioners by March 1.
In January, when Democratic Commissioner Alvaro Bedoya voted against Ferguson’s proposal to repeal the agency’s diversity, equity and inclusion statements, Ferguson suggested Bedoya had refused to follow Trump’s orders.
Blumenthal said that stance “invite future Administrations — Democratic or Republican — to fire and threaten the dismissal of any FTC members who decline to rubber stamp their proposals.”
Ferguson, who was appointed to the commission in April 2024 by then-president Joe Biden, dissented from various actions by his Democratic predecessor, Lina Khan.
Congress created the FTC to enforce antitrust and consumer protection laws. It is led by a bipartisan commission whose members serve seven-year terms.
The U.S. Supreme Court ruled in 1935 to uphold a law that allows FTC commissioners to be fired only for good cause. The ruling shields a number of independent, bipartisan multi-member agencies from direct control by the White House.
Trump has nonetheless asserted control over independent agencies’ priorities and budgets, and the acting solicitor general has said protections for the FTC should be overruled. Trump is facing multiple lawsuits for firing members of other independent boards during his first weeks in office.
Ferguson said last week that he would ask the commission to align its stance with Trump’s. Relying on 90 years of legal precedent, the FTC has so far defended its independence in challenges by corporations including Meta Platforms.
Blumenthal said in his letter that approach would result in commissioners ending their terms with each new administration.
“Taken to its extreme, there would be no apparent reason to nominate or confirm minority Commissioners at all,” Blumenthal said, referring to the requirement that no more than three commissioners come from the same political party.
(Reporting by Jody Godoy in Washington; Editing by David Gregorio)
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