Feb 10, 2025 Story by: Editor
WASHINGTON – President Donald Trump has taken steps to remove Ellen Weintraub, chairwoman of the Federal Election Commission (FEC), but she has rejected the termination, arguing it is not legally valid and has no intention of resigning.
Weintraub, one of the three Democrats on the six-member bipartisan commission, shared a letter dated Jan. 31 from Trump, which she received on Thursday. The letter stated that she was “hereby removed” from her position on the FEC “effective immediately.”
“There’s a legal way to replace FEC commissioners—this isn’t it,” Weintraub wrote on X. “I’ve been lucky to serve the American people & stir up some good trouble along the way. That’s not changing anytime soon.”
Trump’s decision comes amid broader efforts by his administration to remove officials from the Justice Department and FBI who are perceived as disloyal, as well as to dismiss independent inspectors general overseeing federal agencies.
Originally appointed by President George W. Bush in 2002, Weintraub’s tenure had officially ended in 2007. However, under federal law, FEC commissioners continue to serve until they are replaced. The agency must have an equal number of Democrats and Republicans, a structure that has often resulted in deadlocks over decisions regarding campaign finance laws and federal election oversight. Commissioners serve six-year staggered terms, with two seats up for appointment every two years. Currently, one seat remains vacant. The president nominates new commissioners, who must then be confirmed by the Senate.
Weintraub, who was selected as the FEC’s chair this year, remains defiant despite the White House doubling down on Trump’s directive.
“Our message to Ellen Weintraub is simple: you don’t have to go home, but you can’t stay here,” said Harrison Fields, White House principal deputy press secretary, in a statement. “The President has made a decision on who he’d like to chair the Federal Election Commission (FEC), and it’s not her. Grandstanding over this decision won’t change the President’s mind.”
Trump’s attempt to remove Weintraub has drawn criticism from former Republican FEC Commissioner Trevor Potter, who served under President George H.W. Bush in the 1990s. He condemned the action, stating that it “violates the law, the separation of powers, and generations of Supreme Court precedent.”
Potter, who now serves as president of the nonpartisan Campaign Legal Center, asserted that Trump has the authority to nominate multiple new commissioners, allowing Congress to exercise its constitutional role in the confirmation process. “It’s contrary to law that he has instead opted to claim to ‘fire’ a single Democratic commissioner who has been an outspoken critic of the president’s lawbreaking and of the FEC’s failure to hold him accountable,” he said.
Daniel Weiner, a former legal counsel to Weintraub at the FEC, described Trump’s move as unprecedented.
“In the entire history of the bipartisan FEC, no president has ever removed a member from the opposing party without naming a successor recommended by that party’s congressional leaders. This is an extraordinary break from that history,” said Weiner, who now directs the elections and government program at the nonprofit Brennan Center.
In a post on BlueSky, Weiner further noted that Trump’s attempt to dismiss Weintraub comes as the FEC is handling numerous complaints related to the 2024 election, including cases involving billionaire tech entrepreneur Elon Musk, who is the largest donor to Trump’s campaign. Source: USA Today
