Ellen Weintraub: Defying Termination from the FEC by Trump

Reported by CBS News

Ellen Weintraub, who currently serves as the Chair of the Federal Election Commission and represents one of the three Democratic members, publicly shared a letter she received from President Trump through the platform X on Thursday evening. This letter informed her of her dismissal from her role on the FEC.

The official communication, dated the last day of January 2025, briefly states: "You are hereby removed as a Member of the Federal Election Commission."

However, Weintraub is contesting this attempt to oust her. She asserted, "There's a legitimate procedure to replace FEC commissioners, and this isn't it," she declared in her post. "I've had the privilege of serving the American public and causing impactful change, and that's not going to stop now."

As of now, the White House hasn't commented on her decision not to resign.

Understanding the FEC's Structure

The Federal Election Commission is responsible for enforcing regulations around campaign finance and managing federal electoral processes. It is uniquely structured, allowing for no more than three Republicans or three Democrats among its members. Decisions require a majority, often leading to stalemates due to its partisan equilibrium. Currently, there is one open position for a Republican member.

Although Weintraub's official six-year tenure concluded in April 2007, under FEC rules, members can remain until successors are installed.

Legality of the Dismissal

The Campaign Legal Center, an organization focused on legal issues related to voting and campaign finance, has labeled Weintraub's firing as illegal.

Trevor Potter, the head of the Campaign Legal Center and a former Republican chair of the FEC, argues that Trump's action without Senate confirmation of a new appointee is unlawful. "This agency, which regulates presidential campaigns, is deliberately structured to prevent the president from unilaterally removing commissioners," Potter stated. "While Trump can propose new commissioners, Congress must play its constitutional role. Simply dismissing a single Democratic commissioner, who has consistently been critical of the president's misconduct and the FEC's inaction, is against legal standards."

Broader Implications of Trump's Actions

Weintraub is not alone in facing dismissal from an independent federal board by President Trump. Last month, he terminated another figure from the National Labor Relations Board. That individual has since initiated legal action, which might set a precedent regarding the executive authority over independent agency officials. In speaking to CBS News, she claimed, "There was no justifiable reason for my termination."

Ellen Weintraub notably opposed Trump's push during his initial term to postpone the election amid concerns about secure voting. He alleged the potential for increased fraud due to higher absentee voting in light of the pandemic.

"No, Mr. President, it's not within your powers to delay elections," she replied in opposition. "Rather than attempting to reschedule, you and Congress should allocate the necessary funds for states to conduct safe and trusted voting processes. Why not focus on that?"

Further, on January 6, 2021, during the tumult at the Capitol, Weintraub directly addressed Trump by saying: "No, Mr. President, the elections were fair and you lost fair and square. It's time to concede and denounce the violence you've spurred."

Aaron Navarro, a digital journalist with CBS News, dedicates his reporting to the 2024 electoral landscape. He formerly worked as an associate producer covering political narratives for the 2021 and 2022 election periods.