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Cass R. Sunstein

Why Trump Can't Just Say 'You're Fired' to This Official

The head of the Consumer Financial Protection Bureau has the Constitution on his side.
Richard Cordray.

Richard Cordray.

Photographer: Pete Marovich/Bloomberg

Republicans are putting a great deal of pressure on President-elect Donald Trump to fire Richard Cordray, director of the Consumer Financial Protection Bureau. He should resist that pressure. Any effort to discharge Cordray would be illegal -- and it might even precipitate something close to a constitutional crisis.

Here’s the legal background. Most federal agencies count as “executive,” meaning that their heads serve at the pleasure of the president. But some agencies are “independent” -- meaning that by law, the people in charge of them can be removed only for good cause, which Congress often specifies to mean “inefficiency, neglect of duty, or malfeasance in office.”