Federal Elections Chief Refuses to Leave After Trump Fires Her, Vows to Dig In and Cause 'Trouble'

A vocal opponent of Donald Trump who holds a position on the Federal Election Commission has declared she will remain in her role, despite the president’s move to dismiss her. She argues that an executive decision alone is not sufficient to remove an FEC commissioner.

Following notification of her dismissal, Federal Election Commission Commissioner and Chair Ellen Weintraub took to social media on Thursday to express her defiance.

“Received a letter from POTUS today purporting to remove me as Commissioner & Chair of [the FEC],” Weintraub posted.

“There’s a legal way to replace FEC commissioners — this isn’t it. I’ve been lucky to serve the American people & stir up some good trouble along the way. That’s not changing anytime soon.”

According to Bloomberg, Weintraub is one of the three Democratic representatives on the six-member commission, which is structured to maintain a bipartisan balance. However, she has “voted to investigate the president over allegations involving violation of rules barring coordination between his campaign and allied super political action committees and matters regarding accusations that Russia tried to influence the outcome of the 2016 election,” the outlet reported.

“She also voted to investigate Trump for promoting some of his businesses, including hotels, golf courses, bottled water and winery, during the 2016 campaign, including at rallies.

“The FEC deadlocked 3-3 in that case as it did in many others involving Trump, with the three Republican commissioners voting against pursuing further inquiries. To proceed with an investigation, four votes are required.”

Democratic lawmakers responded with outrage.

“This onslaught against the FEC — when that agency is currently reviewing complaints against the president — reeks of corruption,” said Rep. Joe Morello of New York, the ranking member of the House Administration Committee.

The legality of the president’s action remains uncertain.

Axios consulted former FEC Commissioner and Chair Trevor Potter, who was appointed by President George H.W. Bush. He stated that removing Weintraub would disrupt “generations of Supreme Court precedent.”

“Congress explicitly, and intentionally, created the FEC to be an independent, bipartisan federal agency whose commissioners are confirmed by Congress to serve the vital role of protecting the democratic rights of American voters,” Potter explained.

“As the only agency that regulates the president, Congress intentionally did not grant the president the power to fire FEC commissioners.”

However, Tiffany Donnelly of the Institute for Free Speech pointed out that Weintraub’s tenure is highly unusual.

FEC commissioners are appointed for six-year terms. Weintraub was initially named to the commission by President George W. Bush, meaning her term officially ended years ago—regardless of the timing of her appointment during his presidency.

In fact, her term concluded during Bush’s administration: April 30, 2007, since she first joined in 2002.

“But Weintraub never left the FEC. Over 22 years after being appointed and 17 years after her term expired, Ellen Weintraub still serves as an FEC Commissioner,” Donnelly observed. “By statute, FEC commissioners are supposed to be limited to one six-year term. They are permitted to stay in office as ‘acting’ commissioners until their successor is appointed.

“No one ever thought, however, that ‘acting’ could mean ‘over two decades.’”

One thing remains certain: Despite the expiration of her term long ago, Weintraub has no intention of stepping down. If her case is brought to court, the outcome could set a precedent for other dismissals the current administration seeks to carry out.