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Democratic US Senator questions Trump's FTC Chairman over agency independence
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Democratic US Senator questions Trump's FTC Chairman over agency independence
Feb 21, 2025 12:58 PM

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.

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