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Yahoo
5 days ago
- Politics
- Yahoo
Trump looms large, very large, over NYC mayoral debate
NEW YORK — The hits against President Donald Trump came hard, fast and frequently at Wednesday night's debate for mayor in New York City — as did candidates' claims that they'd fight him most fiercely. Again and again, the nine contenders took turns presenting themselves as best-positioned to take on the Republican leader whose federal funding cuts, immigration agenda and interest in his Democratic-led hometown will define the next several years. They referenced him as often — if not more often — than frontrunner former Gov. Andrew Cuomo and incumbent Mayor Eric Adams, the two largest targets in the race actually running as contenders. 'I know how to deal with Donald Trump because I've dealt with him before,' Cuomo declared, playing up his experience as a governor confronting Trump when Covid ravaged densely populated New York City. Cuomo and Zohran Mamdani, the state assemblymember who's been polling in second place and closing the gap with the former governor, clashed over who poses a greater threat to the president. 'I am Donald Trump's worst nightmare as a progressive Muslim immigrant who actually fights for the things that I believe in,' Mamdani said, stressing that Cuomo's donors have also been Trump donors. Cuomo struck quickly and fiercely by referencing Mamdani's limited experience in government, quipping, 'Donald Trump would go through Mr. Mamdani like a hot knife through butter.' This month's Democratic primary for mayor in the country's biggest city is unfolding as the Trump administration threatens New York City for being a 'sanctuary city' limiting cooperation between federal immigration officers and local law enforcement. Trump has also targeted institutions like Columbia University, where encampments and demonstrations protesting Israel blanketed the campus last year and captured headlines. It also will lead to the general election in November, where Adams — a Trump-friendly Democrat — will seek reelection as an independent. The mayor has sought to work with the administration, including with border czar Tom Homan on immigration enforcement, after the Trump Department of Justice instructed Manhattan prosecutors to drop their corruption case against him. Eric Adams' case is permanently dismissed, he has denied wrongdoing and he has said he's not engaging in a quid pro quo with the Trump administration. Adrienne Adams, a newer entrant into the race for mayor, spent some of the debate arguing that she, as City Council speaker, has pushed back against Trump's alleged influence over Eric Adams. The legislative body has taken legal action to block the return of federal immigration officers to the Rikers Island jail complex, as directed by an Adams administration executive order. Brad Lander, the city comptroller, meanwhile, used some of his time on the debate stage to say he took charge in working to claw back funds the federal government docked from the deep-blue city. 'Look, when Donald Trump and Elon Musk stole that $80 million from New York City's bank account, I uncovered it,' Lander said.
Politico
5 days ago
- Politics
- Politico
Trump looms large, very large, over NYC mayoral debate
NEW YORK — The hits against President Donald Trump came hard, fast and frequently at Wednesday night's debate for mayor in New York City — as did candidates' claims that they'd fight him most fiercely. Again and again, the nine contenders took turns presenting themselves as best-positioned to take on the Republican leader whose federal funding cuts, immigration agenda and interest in his Democratic-led hometown will define the next several years. They referenced him as often — if not more often — than frontrunner former Gov. Andrew Cuomo and incumbent Mayor Eric Adams, the two largest targets in the race actually running as contenders. 'I know how to deal with Donald Trump because I've dealt with him before,' Cuomo declared, playing up his experience as a governor confronting Trump when Covid ravaged densely populated New York City. Cuomo and Zohran Mamdani, the state assemblymember who's been polling in second place and closing the gap with the former governor, clashed over who poses a greater threat to the president. 'I am Donald Trump's worst nightmare as a progressive Muslim immigrant who actually fights for the things that I believe in,' Mamdani said, stressing that Cuomo's donors have also been Trump donors. Cuomo struck quickly and fiercely by referencing Mamdani's limited experience in government, quipping, 'Donald Trump would go through Mr. Mamdani like a hot knife through butter.' This month's Democratic primary for mayor in the country's biggest city is unfolding as the Trump administration threatens New York City for being a 'sanctuary city' limiting cooperation between federal immigration officers and local law enforcement. Trump has also targeted institutions like Columbia University, where encampments and demonstrations protesting Israel blanketed the campus last year and captured headlines. It also will lead to the general election in November, where Adams — a Trump-friendly Democrat — will seek reelection as an independent. The mayor has sought to work with the administration, including with border czar Tom Homan on immigration enforcement, after the Trump Department of Justice instructed Manhattan prosecutors to drop their corruption case against him. Eric Adams' case is permanently dismissed, he has denied wrongdoing and he has said he's not engaging in a quid pro quo with the Trump administration. Adrienne Adams, a newer entrant into the race for mayor, spent some of the debate arguing that she, as City Council speaker, has pushed back against Trump's alleged influence over Eric Adams. The legislative body has taken legal action to block the return of federal immigration officers to the Rikers Island jail complex, as directed by an Adams administration executive order. Brad Lander, the city comptroller, meanwhile, used some of his time on the debate stage to say he took charge in working to claw back funds the federal government docked from the deep-blue city. 'Look, when Donald Trump and Elon Musk stole that $80 million from New York City's bank account, I uncovered it,' Lander said.
Politico
21-05-2025
- Politics
- Politico
Their endorsement conundrum
Presented by With help from Cris Seda Chabrier NEW YORK MINUTE: The Trump Department of Justice has opened a criminal investigation into leading mayoral candidate Andrew Cuomo after House Republicans said he lied to Congress during a Covid hearing, The New York Times reported Tuesday evening. The former governor, who touted his controversial pandemic leadership on the campaign trail just Monday in a six-figure ad buy, has denied any wrongdoing. His spokesperson Rich Azzopardi called the move 'lawfare and election interference plain and simple.' The reported DOJ probe of Cuomo comes after a judge dropped Mayor Eric Adams' federal corruption case in April at the behest of the Trump administration, following the mayor's public support for the president's policies. One of his campaign rivals, Brad Lander, pounced within minutes of the story posting, continuing his pace of lacing into Cuomo over the ex-governor's approach to Trump. 'New Yorkers cannot afford another corrupt mayor beholden to Trump — Cuomo should announce immediately that he will not seek or accept a pardon from the President,' Lander said in a statement. Zellnor Myrie, another candidate, issued a statement saying 'New Yorkers deserve better than more of the same' and accusing Cuomo of 'silence while Donald Trump and his cronies were attacking New York City' with public funding cuts. 'Now, New Yorkers know why: Cuomo was attempting to keep his failed legacy of nursing home deaths and Covid mismanagement off the front pages.' And Zohran Mamdani, who is polling second to Cuomo, took a different tone in his statement, saying, 'Andrew Cuomo's career has been defined by corruption and deceit and his lying to Congress about his COVID response is no exception. But Donald Trump cannot be trusted to pursue justice. While I believe New Yorkers should reject the disgraced ex-Governor at the ballot box, the Trump administration's actions are dangerous.' LATE-STAGE STAKES: At this point four years ago, Reps. Grace Meng and Yvette Clarke were enthusiastically campaigning for their endorsed candidates for mayor, Andrew Yang and Maya Wiley, respectively. Now, with one month until early voting starts, they've yet to make a move in a lopsided primary in which Andrew Cuomo's victory appears likely. That's because both Democrats would rather endorse someone else. The sense of inevitability surrounding the former governor has been a deciding factor for many who've endorsed him during his primary run. Cuomo has runaway polling and a cash-stacked super PAC in his corner. 'There is value to getting a vindictive guy with rough edges like him on your side if he's going to be in power,' said a New York Democratic aide granted anonymity because he, ironically, feared political reprisal. A decision by Clarke is expected as soon as this week. But it'll come after a vote by the Brooklyn political club founded by her powerbroker mother Una Clarke, the Progressive Democrats Political Association. Among the likely non-Cuomo contenders? City Council Speaker Adrienne Adams, who was endorsed by Clarke family ally and Attorney General Letitia James; Lander, also a Brooklyn progressive; and Myrie, a member of Clarke's club polling the lowest of the three. 'It's the ranked choice that ultimately determines it, and that's what we're focused on,' Clarke told POLITICO in Washington, acknowledging that James has lobbied her on Adams' behalf. 'We're not going to necessarily promote one candidate, but the fact that people should use ranked choice.' Meng, whose timeline is less clear, wields influence over Asian American voters across the ideological spectrum. Mamdani, who's been in second place in recent polls, is courting South Asian voters. Scott Stringer, stalled in single digits, has pulled a lot of donations from Flushing, Queens. But no candidate has thus far claimed a lock on Asian American voters. Will Meng break with Queens Democratic Party Chair Rep. Greg Meeks as she did in 2021,when she co-chaired Yang's campaign and he backed business leader Ray McGuire? Or will she endorse Cuomo as Meeks did in March, when he declared that 'it's Queens coming together' for the former governor? 'Of course, I want her to endorse Mr. Cuomo,' Meeks told POLITICO. 'She's still deciding what she's going to do, so we're still talking to her.' Meng did not show her hand, saying in a brief interview, 'I want to make sure that the candidates have a thoughtful plan on how to be helpful to Queens and to our AAPI community.' Meng, Clarke and Rep. Alexandria Ocasio-Cortez will be among the last members of New York City's Democratic congressional delegation to make endorsements. No support from the delegation stands to impact the race more than that of Ocasio-Cortez, who is reportedly weighing Mamdani and Lander. But while Cuomo isn't counting on the backing of the hard-left standard-bearer, his candidacy would be validated by endorsements from either Clarke or Meng. The former governor has a large base of Black voters. A nod or ranking by Clarke's club would nevertheless be a coup — especially since Cuomo once mistakenly believed Una Clarke was dead. Read more on the dynamics from POLITICO's Emily Ngo. IT'S WEDNESDAY: Got news? Send it our way: Jeff Coltin, Emily Ngo and Nick Reisman. WHERE'S KATHY? In Albany, announcing budget investments to revitalize Albany. WHERE'S ERIC? In New York City, making an infrastructure- and transportation related-announcement, appearing on Beat 139 Harlem podcast and on ABC 7's 'Eyewitness News at 5:00', hosting an older adult town hall, and delivering remarks at the Jewish Children's Museum's Annual Gala. QUOTE OF THE DAY: 'I smell money.' — Mayor Eric Adams, after inhaling deeply, at the first-ever NYC Cryptocurrency Summit Tuesday, hours after bragging that his holdings had increased in value. ABOVE THE FOLD BRANNAN ON HOMELESS SHELTERS: Comptroller candidate and City Council Member Justin Brannan claimed recently he had never opposed opening homeless shelters in the section of southern Brooklyn he represents. 'I've never opposed a shelter in my district,' he wrote in April in response to the questionnaire from the Jim Owles Liberal Democratic Club. That isn't exactly true. For almost a decade, he has pushed back on homeless shelters, framing them as a bad policy move motivated by developers who prefer building shelters more than apartments. Housing is one of the top issues in the mayoral race, as the city struggles with a vacancy rate of approximately 1.4 percent for rentals. Homelessness has also increased with more than 88,000 individuals living in shelters as of May 2025. Brannan's opposition to homeless shelters dates back to at least 2018, when he fought the proposed construction of a six-story hotel in an empty Bay Ridge lot. The community rallied against it, alleging it would serve as a homeless shelter that would bring crime into the area. While Brannan claimed at the time that the owner didn't have plans to convert the hotel into a shelter, he still opposed it. 'Let me be crystal clear — we do not need a hotel here. We need apartments that working people can actually afford, we need affordable housing for local seniors and we need more classroom seats,' he said. In total, Brannan has spoken out against at least three proposed shelters: 6530 Fourth Ave, the P.S. 188 gym annex, and 1605 Mermaid Avenue in Coney Island. 'I understand that shelters are part of the housing ecosystem, but my top priority is creating real homes that working people can actually afford,' Brannan said in a statement responding to POLITICO's questions about his shelter rhetoric. 'It's not only more humane, it costs taxpayers a hell of a lot less than relying on shelters.' Brannan has in the past faulted those who block homeless shelters — and use the excuse that they're in favor of affordable housing — saying ultimately that subset of the NIMBY crowd isn't interested in building either option. 'Let's be honest with ourselves: many of the same folks who protest a shelter and say housing would be better would come back tomorrow and protest 'low income' housing,' he said in an X thread in 2024. 'It's a shell game for people who don't want anything to change ever, anywhere.' It remains to be seen whether Brannan's opposition to shelters will become a liability or an asset on the campaign trail. His platform includes a proposal to use pension funds to build housing for city employees. His opponent for City Comptroller. Manhattan Borough President Mark Levine, is proposing using those same funds to construct or preserve 75,000 affordable homes. — Cris Seda Chabrier CITY HALL: THE LATEST OSSÉ, CAN YOU Z?: First in Playbook, City Council Member Chi Ossé is adding Myrie to his mayoral endorsement slate, a month after he co-endorsed Adrienne Adams, Lander and Mamdani. Ossé said he's teaming up with the Working Families Party, which has co-endorsed all four candidates in its effort to defeat Cuomo. And yes, the social media star does plan to release a video ad with Myrie. Some anti-Cuomo power players like Rep. Nydia Velázquez have left Myrie off their endorsement slates because of a perceived lack of viability. But Myrie is 'at 4 percent in the first round. That's not nothing. That's thousands of New Yorkers,' Ossé said, referring to the recent Marist College poll. 'In this race where we need everyone that we can get on a unified strategic front to be working together to prevent Cuomo from getting elected, that has to be taken into account,' he added. Ossé also praised Myrie's work in Albany, and his focus on building more housing. Their Central Brooklyn districts partially overlap. — Jeff Coltin SAVE THE DATE: The first official Democratic comptroller debate was rescheduled to Thurs. May 29, following Playbook reporting on complaints the original June 3 date conflicted with the Jewish holiday of Shavuot. Check out the New York City Campaign Finance Board's full schedule of primary debates, headlined by the Democratic mayoral debate co-hosted by POLITICO on Wed. June 4. — Jeff Coltin BRONX BATTLE: First in Playbook, City Council Member Rafael Salamanca is releasing his first TV ad in the effort to unseat Bronx Borough President Vanessa Gibson — accusing his fellow Democrat of 'let(ting) developers flood our borough with unsafe shelters.' As Land Use committee chair, Salamanca arguably has more influence with the Adams administration siting homeless shelters than Gibson does as BP, but Salamanca campaign spokesperson Christian Amato argued she has not been using her bully pulpit. The ad is 'Trump-style politics,' Gibson campaign spokesperson Yuridia Peña said in a statement. 'It is almost impressive how shameless he is, taking credit for the sunshine and blaming others for the storms that he helps create.' Salamanca's campaign is spending more than $100,000 running the ad on TV and digital starting on Thursday, Amato said. — Jeff Coltin More from the city: — Cuomo toned down his support for charter schools and filled his education plan with goodies for the teachers union as he vies for UFT's endorsement. (New York Post) — A judge's decision to appoint a 'remediation manager' for Rikers Island is sowing confusion over who would actually control the troubled jail complex. (THE CITY) — Anti-development Lower Manhattan City Council Member Christopher Marte falsely claimed a series of endorsements he didn't actually earn. (Hell Gate) NEW FROM PLANET ALBANY SENATE SPECIAL: Democrat Sam Sutton won the special election for a southern Brooklyn state Senate seat held Tuesday, defeating Nachman Caller who ran on the Republican and Conservative lines, 67 to 32, with 99 percent of votes reported on election night. Sutton, a retired importer of ladies accessories and the longtime president of the Sephardic Community Federation, will succeed Simcha Felder, who resigned after winning a special election for City Council. The district gave Trump his largest margin in any of the state's 63 Senate districts, but Orthodox Jewish voters have consistently backed Democrats in local races. 'The Senate Democrats once again stand uniquely strong in parts of the state that even vote for Trump,' Democratic Senate Campaign Committee Chair Mike Gianaris said as the results came in. 'We had a great candidate who ran a great campaign, and I think the people of South Brooklyn wanted to make sure the Senate Democrats retain a great majority.' The win puts the Democratic majority back at 41-22, as it was for the first few months of the year. — Jeff Coltin and Bill Mahoney WIGS WATCH: Supporters of a long-stalled bill that would allow supermarkets to sell wine will release polling today meant to dispel fears the measure would hurt liquor stores. A Siena College survey commissioned by wine-in-grocery-stores boosters found 81 percent of those who drink wine plan to continue buying vino in liquor stores if the measure passes. The coalition New York State of Wine, which includes grocery store chains and private sector groups, paid for the polling. 'These results confirm what we've long known—New Yorkers want the convenience of buying wine at their grocery store, and they'll keep supporting their local liquor store, too,' said Mona Golub, spokesperson for Northeast Grocery, Inc., the parent company of Market 32, Price Chopper, and Tops Markets. Whether this can convince lawmakers remains to be seen. Grocery stores have spent the last several decades to get the bill through the state Legislature with zero success. The bill could fit in with Hochul's broader support for changing the state's alcohol and beverage control laws, which she has tried to make friendlier for consumers. — Nick Reisman VAPE VOTE: Convenience stores are mobilizing against a bill meant to strengthen local government enforcement of the state's ban on flavored vape products. The New York State Association of Convenience Stores is protesting a bill that would prohibit the storage of flavored vape products near where tobacco and nicotine products are kept by retailers and wholesalers. Supporters expect the measure will address what they consider to be a loophole in the existing flavored vape ban with somes stores to continue storing the product in backrooms and evade local health inspections. But convenience stores believe the measure is an intrusion and amounts to a 'backdoor ban' on legal products like menthol cigarettes. 'This egregious government overreach would punish responsible, family-owned retailers with duplicative fines, sweeping record-search powers, and costly warehouse upheavals while doing nothing to curb the underground market,' said New York Association of Convenience Stores President Alison Ritchie. Assemblymember Linda Rosenthal told Playbook the bill she is backing with state Sen. Brad Hoylman-Sigal would aid county health officials struggling to enforce the flavored vape product ban. 'It's egregious for stores to be selling products that are illegal and that's what we're targeting,' she said. Retailers have long chafed at tobacco regulations — and have had some success pushing back in recent years. Recent proposals like banning menthol cigarettes at the state and federal level have failed amid opposition from civil rights organizations that have warned the ban will lead to over policing in Black communities. — Nick Reisman More from Albany: — The gubernatorial race is shaping up to be a Hochul-Stefanik faceoff. (City & State) — Upstate business organizations are calling for a review of downstate transmission costs. (POLITICO Pro) — Hochul formally apologized for New York's role in a former Native American boarding school. (Spectrum News) KEEPING UP WITH THE DELEGATION TRUMP VS. LAWLER: The tension over the state and local tax deduction, or SALT — a sticking point in GOP megabill negotiations — was especially thick Tuesday between Trump and Rep. Mike Lawler, a battleground moderate deciding whether to run for reelection or run for governor. 'I know your district better than you do, if you lose because of SALT, you were going to lose anyway,' the president told Lawler earlier in the day behind closed doors, according to several reports. The president was visiting House Republicans on Capitol Hill to speed up 'big, beautiful bill' talks, and took a surprising stance on SALT. Lawler sought to hold his ground against Trump. The Hudson Valley Republican told reporters in Washington, 'This is the single biggest issue that I've talked about, and, with all due respect to the president, I'm not budging.' He added on Fox News, 'I'm not going to sacrifice my constituents and throw them under the bus in a bad-faith negotiation.' GOP lawmakers did go on late Tuesday to land a tentative SALT deal that would quadruple the current deduction limit, POLITICO reports. In a joint statement earlier in the day, Lawler with Reps. Andrew Garbarino, Nick LaLota and others had said they share Trump's commitment to party unity but hope his remarks 'motivate the Speaker to advance a SALT proposal that delivers meaningful relief for our middle-class constituents.' Notably missing from the signees was SALT Republican and close Trump ally Rep. Elise Stefanik, another potential 2026 GOP candidate for governor. — Emily Ngo AS FOR THE SALT DEMS: New York Democrats seeking a higher SALT cap have been sidelined from talks as the minority party. So they've been needling their GOP colleagues in the majority. Long Island Rep. Laura Gillen, a battleground Democrat, piled on by introducing an amendment Tuesday that would nix any limit on the deduction. It's a sort of taunt aimed at SALT Republicans considering that a full repeal is not on the table. 'Last year, the president came to my district and promised to 'get SALT back.' My amendment to the GOP tax bill would fulfill that promise,' Gillen, a first-term member, said of the proposal co-sponsored by several New York and New Jersey Democrats. — Emily Ngo More from Congress: — The Congressional Black Caucus, led by Clarke, is rallying around Rep. LaMonica McIver (D-N.J.) after her charges stemming from a clash with federal immigration officers at a Newark detention center. (The Hill) — House Democrats went toe-to-toe with EPA head Lee Zeldin over his bid to claw back green bank grants issued under the Biden administration. (Bloomberg Law) — Senate Minority Leader Charles Schumer thinks the GOP's tax megabill is giving New York's congressional Republicans good reason to break from their party. (Times Union) NEW YORK STATE OF MIND — Under a remediation manager, who will actually control Rikers Island, New York City's troubled jail complex? (THE CITY) — Opioid deaths declined last year in New York. (Newsday) — A Revolutionary War-era ship discovered under the World Trade Center site has a new home. (Gothamist) SOCIAL DATA MAKING MOVES: John Keller, one of the former senior Department of Justice lawyers who resigned amid a clash over dismissing Eric Adams' case, has joined law firm Walden Macht Haran & Williams. Jim Walden, a founding partner of the firm, is running for mayor against Adams. (Reuters) … Sarah Salas is now policy adviser for Rep. Elise Stefanik (R-N.Y.). She previously was legislative assistant and professional staff member for Sen. Rick Scott (R-Fla.). … Alexia Nizhny is joining New York City Emergency Management as senior press officer. She was previously with the city comptroller's office. … Alyson Grant Tarek is now serving as the Chief of Staff at the NYS Office of Children and Family Services. Until last week she was an assistant secretary for human services and mental health in the Governor's office. MEDIAWATCH: Alexander C. Kaufman has joined Latitude Media as a contributing reporter covering energy. He was previously a senior reporter at HuffPost. HAPPY BIRTHDAY: POLITICO's Mike Gartland … Tom Allon of City & State and the 5BORO Institute … election lawyer Paul Newell … Seneca Strategies' Monica Klein … Tusk's Eric Soufer … Leslie Dubeck of the Manhattan DA's office … former state Sen. Nick Spano … NYC Council's Alaa Moussawi … Streetsense's Larisa Ortiz … Arthur Brooks … Rebecca Leber … JPMorgan Chase's Ross Rattanasena … NewsNation's Mike Viqueira … Newsmax's Nicole (Ginis) Del Beccaro … Jeffrey Toobin … NBC's Stacey Klein … Edgar Santana of Hochul's office … CNBC's Steve Liesman … Mosheh Oinounou … Time's Jeffrey Kluger … Fred Frommer … Joshua Henne … (WAS TUESDAY): Ellen Jaffee ... Michael S. Miller ... David Brotsky Missed Tuesday's New York Playbook PM? We forgive you. Read it here.
Axios
21-05-2025
- Politics
- Axios
Cuomo takes aim at Trump amid reports he's under DOJ investigation
Representatives for Andrew Cuomo, a New York City mayoral race front-runner, on Tuesday questioned the timing of a reported Trump Department of Justice investigation into the former Democratic N.Y. governor. Why it matters: The New York Times first reported that the investigation into Cuomo over decisions he made as governor during the COVID pandemic began about a month ago, after the DOJ moved to have the criminal corruption case against NYC Mayor Eric Adams dismissed. "That puts the Trump administration in the unusual position of having ended a criminal case against the leader of the nation's largest city — Mr. Adams, who is running for re-election as an independent — and opened one into his chief rival, Mr. Cuomo, who is leading the Democratic primary field in the polls, in the span of a few months," the NYT noted. What they're saying: "We have never been informed of any such matter, so why would someone leak it now?" said Rich Azzopardi, a spokesperson for Cuomo, in a statement shared with outlets including Axios. "The answer is obvious: This is lawfare and election interference plain and simple — something President Trump and his top Department of Justice officials say they are against," he added. "Governor Cuomo testified truthfully to the best of his recollection about events from four years earlier, and he offered to address any follow-up questions from the Subcommittee — but from the beginning this was all transparently political." A DOJ spokesperson declined to comment on the matter.
Yahoo
18-03-2025
- Politics
- Yahoo
DOJ Asserts Trump Hypothetically Has Power To Purge All Female Agency Heads, Or Those Over 40
The Trump Department of Justice asserted in court Tuesday that, under their theories, the President's removal power is so all-encompassing that he could fire all female agency heads, as well as those over 40 years old. The startling admission came in response to a federal judge's hypothetical. 'Could the President decide that he wasn't going to appoint or allow to remain in office any female heads of agencies or any heads over 40 years old?' Judge Karen Henderson, a Reagan appointee on the D.C. Circuit Court of Appeals, asked Deputy Assistant Attorney General Eric McArthur Tuesday in proceedings over the fired board members of two independent agencies. 'I think that that would be within the President's constitutional authority under the removal power,' he responded, adding that 'there would be separate questions about whether that would violate other provisions of the Constitution.' Judge Justin Walker, a Trump appointee on the panel, then swooped in to try to salvage the moment, saying to the DOJ attorney that he didn't think 'you would have to go there,' pointing to the protections of the 14th Amendment. The stunning moment, two minutes into arguments over the firings of board members at the National Labor Relations Board and the Merit Systems Protection Board, encapsulated just how broadly Trump's vision of presidential power sweeps. The DOJ is aiming to get these cases to the Supreme Court, where it's betting that enough of the right-wing justices will agree to overturn the high court's own precedent on independent agencies — encapsulated primarily in a 1936 case called Humphrey's Executor — and axe the removal protections that keep leadership at such entities as the NLRB or MSPB insulated from political will or vindictiveness. If the DOJ wins, as many experts predict it will, the entire executive branch would come under Trump's direct control, allowing him even greater power over federal policy, and leaving virtually no barriers to his mass firings of civil servants in favor of political stooges. At the district courts, before these two cases were consolidated, the proceedings were fairly rote: The judges acknowledged, one explicitly, that they were 'speed bumps' en route to the Supreme Court and still bound, at least for now, by the precedent upholding these removal protections. Tuesday's hearing at the appellate court unwound differently. Walker, the Trump appointee, and Judge Patricia Millet, an Obama appointee, sparred throughout, only barely directing their rebuttals to the lawyer instead of each other. Millet took a posture more in line with how the district judges have handled the cases: Humphrey's Executor — which upheld removal protections for certain multi-member agencies — is still good law, and the lower courts have no choice but to follow it. 'Our test for whether the Supreme Court has gotten rid of something is pretty strict — we don't get to treat it like some kind of Rorschach test and we see in it whatever we wish,' Millet said. 'I'm just curious why the Justice Department thinks the courts of appeals have the ability to do what the Supreme Court itself has again and again expressly declined to do,' she added of overturning Humphrey's Executor. Walker, though, all but subbed in as a DOJ lawyer, trying to find a way that the panel could rule in favor of the government despite the hulking obstacle of Supreme Court precedent. 'Even when a precedent is binding, there's often debate and difficulty about how broadly or narrowly to read it,' Walker said, arguing that subsequent cases have shrunk Humphrey's Executor to the point of near-nonexistence. That line of argument prompted Millet to ask what agencies would still constitutionally retain their removal protections under such a microscopic reading of Humphrey's Executor. The DOJ's McArthur could only name the Administrative Conference of the United States, a purely advisory agency that produces recommendations to make the government operate more efficiently. Walker took the unitary executive theory, the vision of massive presidential power that underlies the DOJ's posture, a step further. He brought up a separate case, where the Federal Mine Safety and Health Review Commission is arguing against the Secretary of Labor, to ask how, under the DOJ's theory, federal courts can be allowed to get involved in an 'intra-executive branch dispute.' The question, which McArthur largely dodged, is a striking one at a moment where federal courts have proved to be the sole backstop to Trump's razing of the executive branch. Walker also took a shot at one of the district judges, who had called Trump's firings 'blatantly illegal,' saying that if the precedent ends up being overturned, it wouldn't have been an illegal action retroactively. Henderson, the Reagan-appointed third judge on the panel and likely deciding vote, kept her cards closer to her chest. She expressed doubt about the injury caused to the fired board members, perhaps signaling low odds that the district court orders — which restored the board members to their jobs, at least temporarily — will be extended as the litigation proceeds. But she also expressed concern about the firings depriving these agencies of the quorums on their boards that they need to function. McArthur took a big swing in response, arguing that restoring the illegally fired board members would create a 'heavy cloud of illegitimacy over every official act they take.'
