Powell 4 Eva? Fed Declares Powell Temporary Chair—Even Though Warsh Has Been Confirmed!
Context:
The Federal Reserve designated Jerome Powell as chair pro tempore during the transition to Kevin Warsh, a move critics say lacks clear statutory authority and mirrors past practice only with presidential involvement. The Fed asserts it follows precedent, but the historical record shows variable reliance on presidential blessing or appointment in similar transitions. The action raises questions about unilateral Board power during gaps between chairs and could set a precedent for future transitions, prompting concerns from dissenting governors and potential political entanglements with ongoing investigations into the Fed. The episode underscores the fragility of institutional norms when a successor’s confirmation is in play and signals heightened scrutiny of the Fed’s independence versus presidential influence. What happens next depends on legal clarifications, potential renewed votes, and how both the White House and Congress respond to the Board’s decision.
Dive Deeper:
The Fed voted to make Jerome Powell chair pro tempore until Kevin Warsh is sworn in, issuing a brief statement that the move aligns with past practice during chair transitions. Critics note the press release did not cite a statutory basis, and the Federal Reserve Act does not explicitly authorize filling a chair vacancy in this way.
Historically, chairs pro tempore have appeared in the past, but usually with explicit or implicit presidential involvement. Examples include Greenspan (1996) and Powell (2022) in transitional periods, and Burns (1978) during a vacancy with presidential designation, suggesting presidential endorsement was central.
In 1978 and 1987 precursors, the President actively designated or blessed the arrangement, contrasting with the current claim of Board autonomy. The article argues that previous instances were not unilateral Board actions independent of presidential will.
Two of seven governors, Steven Miran and Michelle Bowman, objected to the unlimited designation, with Miran voting against and Bowman abstaining, framing the issue as one that should be subject to renewal by presidential action or further Board vote.
The piece notes high-stakes implications: if the Board can appoint a pro tempore chair without presidential input, a faction could extend a departing chair’s de facto authority, complicating the transition during a successor’s pending confirmation.
The article also references a prior DOJ-Senate dispute over Fed investigations as context for potential political leverage during transitions and closes with a request for comment from the Trump administration, highlighting ongoing political sensitivity around Fed independence.