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Jerry-Rigged |
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While the market ultimately shrugged off the criminal probe against Powell, it’s important to note that the latest crack in Fed independence could eventually rattle markets. |
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That said, there seems to be bipartisan support for the Fed Chair. On Monday, a group of his predecessors, Treasury secretaries, and economists published a statement in his defense, including Ben S. Bernanke, Alan Greenspan, Timothy F. Geithner, Jacob J. Lew, Henry M. Paulson, Robert E. Rubin and Janet Yellen. |
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Powell himself called the action politically motivated, saying it “should be seen in the broader context of the administration’s threats and ongoing pressure.” |
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“The threat of criminal charges is a consequence of the Federal Reserve setting interest rates based on our best assessment of what will serve the public, rather than following the preferences of the president,” Powell said. |
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Trump said he didn’t have knowledge of the Justice Department’s plans. |
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As my colleagues Nicole Goodkind and Liz Moyer wrote, this isn’t the first time the administration has threatened Powell, but it does ratchet up the stakes, even as a legal basis for the case—alleging Powell deviated from government approved plans—seems shaky: |
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Legal experts have said those arguments face steep statutory and constitutional hurdles, noting that the Federal Reserve Act gives the Fed’s Board of Governors control over its facilities and doesn’t provide a clear mechanism for a president to remove a chair over operational decisions. |
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Carl Tobias, a constitutional law professor at the University of Richmond, said the use of grand jury subpoenas marks a significant escalation from earlier threats of civil litigation. Subpoenas are typically the first step in a criminal investigation, but it remains unclear what criminal theory prosecutors could plausibly pursue, he said. |
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“They better have a pretty strong case, or they’re not going to go very far,” Tobias said, adding that inaccurate or disputed testimony about a complex, multiyear renovation would ordinarily be handled through congressional oversight, not criminal prosecution. |
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Likewise, any proceedings related to the case, which would involve a grand jury and federal court, is unlikely to take place before Powell’s term ends in May. |
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Still, any administration pressure on the Fed could reverberate long after Powell is gone. |
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“Economic theory has long held that the U.S. benefits from a market perception, established by Paul Volcker in the 1970s, that the Federal Reserve will always do what is needed to contain inflation,” notes Glenmede’s Chief of Investment Strategy Jason Pride. “This results in anchored long-run inflation expectations and associated long-term interest rates that are lower than otherwise would be.” |
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As Barron’s Martin Baccardax writes, the “collective actions of the ‘everywhere’ president are set to challenge the so-called everything rally.” |
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The Calendar |
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Bank of New York Mellon, Delta Air Lines, and JPMorgan Chase report earnings tomorrow. |
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The National Federation of Independent Business releases its Small Business Optimism Index for December. The consensus estimate is for a 99.5 reading, half a point more than in November. |
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The Bureau of Labor Statistics releases the consumer price index for December. Economists forecast a 2.7% year-over-year increase, even with November’s figure. The core CPI, which excludes food and energy, is expected to also rise 2.7%, one-tenth of a percentage point more than previously. |
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The Census Bureau reports new home sales for both September and October, as it catches up on economic data delayed but the government shutdown late last year. The consensus call is for a seasonally adjusted annual rate of 718,000 single-family homes sold, down from 800,000 in August. |
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What We’re Reading Today |
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Join Barron’s for a Special Energy Roundtable on Feb. 12 at noon—Energy for a New Era |
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AI has created insatiable demand for power, and energy producers and distributors are racing to respond. Join us for discussions with analysts and investors about the changing industry landscape, and the best investment opportunities among traditional and alternative power providers. |
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