Feb 21 (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 ( META ).
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.