Ellen L. Weintraub, the chairwoman of the Federal Election Commission, disclosed on Thursday that President Donald Trump had moved to remove her from her post. Weintraub, a Democratic commissioner who has served on the bipartisan panel since 2002, expressed her disagreement with the move and raised concerns over its legality.

The controversy began when Weintraub posted a letter from President Trump on her social media page, stating that she was immediately removed from the commission. According to the letter, Weintraub was “hereby removed” from her position as chairwoman of the FEC. Weintraub shot back, arguing that the president’s decision was not legally valid. She clarified that Trump could replace her but only through proper legal channels.

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“There’s a perfectly legal way for him to replace me,” Weintraub explained. “But just flat-out firing me, that is not it.” She added that she is now exploring her options regarding how to respond to the letter.

The Role and Structure of the Federal Election Commission

The FEC is the United States’ primary campaign watchdog, enforcing campaign finance laws and election regulations. It has six commissioners, with an equal number of Democrats and Republicans, which helps maintain its bipartisan status. However, this structure often results in deadlocks when one party is under investigation, as the commission is designed to act impartially.

Weintraub’s term as commissioner ended in 2007 but she remained as a member of the commission. The chair is rotated annually and Weintraub resumed the post this January. According to the rules of FEC, a commissioner cannot be fired until a new commissioner is confirmed by the United States Senate; therefore, any attempt by Trump to fire Weintraub prior to the completion of the confirmation process is constitutional.

Legal Experts Weigh In: Trump’s Actions in Question

Legal experts and former commission officials have sharply criticized Trump’s actions as violative of the constitutional separation of powers. Former FEC commissioner and chairman Trevor Potter likened the move to a “direct violation of separation of powers and a flagrant abuse of presidential power.” He was nominated by President George H.W. Bush. According to him, Congress deliberately made the FEC an independent agency, and it is Congress-not the President holds the authority to remove commissioners.

“Congress explicitly, and intentionally, created the FEC to be an independent, bipartisan federal agency whose commissioners are confirmed by Congress,” Potter noted. “As the only agency that regulates the president, Congress intentionally did not grant the president the power to fire F.E.C. commissioners.”

The White House had yet to issue a formal response to the controversy as of writing.

Ellen L. Weintraub’s Legacy at the FEC

Weintraub is known as a vociferous advocate for the strict enforcement of election law as well as for her attempts to take partisan deadlocks within the commission to court. Over the years, she has argued vociferously for the courts’ use in enforcing election law when the commission itself had been disabled by partisan gridlock.

One of Weintraub’s key strategies is to use the commission as a way out of its current deadlock by forcing the implementation of the nation’s election laws through such litigation. According to her, this has been a “last resort” in the cases when the commission was unable to take action due to partisan disagreements.

Her leadership at the FEC has not been without controversy, particularly regarding complaints filed against President Trump’s election campaigns. Weintraub noted on Thursday that there have been numerous complaints against the president’s campaigns, but the commission has been unable to address them because of the 3-to-3 partisan stalemate. She explained that she had pointed out this issue publicly and written about it, further fueling speculation that her removal could be tied to these unresolved complaints.

“There have been dozens of complaints filed against the president,” Weintraub said. “I’ve pointed that out. I’ve written about this. So I’m not surprised that I am on their radar.”

What’s Next for the Federal Election Commission?

As the FEC finds itself amid this legal dispute, it remains unclear how the situation will unfold. In the meantime, Weintraub remains chairwoman of the FEC even in the face of Trump’s letter, as any removal hinges on the confirmation of her successor by the Senate. This development poses the significant question of the balance of power between the executive branch and independent agencies in light of increased pressures over its role in the oversight of campaign finance and election integrity.

With no quick resolution in sight, all eyes will remain on the Senate’s next steps and whether Weintraub’s removal will proceed by legal protocols.