Due Process Prevails in Lisa Cook Case
due process employee rights federal employment federal reserve mspb appeals Sep 16, 2025Last night, the D.C. Circuit Court of Appeals made headlines by blocking the administration’s attempt to remove Federal Reserve Governor Lisa Cook. For federal employees, this case is more than financial news—it’s a powerful reminder that due process still protects your career, even when politics run hot.
What Happened in the Cook Case
The White House moved to oust Governor Cook over allegations of mortgage fraud tied to property she owned before joining the Fed. Cook denied the allegations and obtained a lower-court order keeping her in her position. The appeals court declined to lift that order, meaning she continues serving while the case proceeds.
The majority pointed to a glaring flaw: Cook was given no meaningful notice and no real opportunity to respond before removal was attempted. The judges called her Fifth Amendment claim “very likely meritorious,” underscoring that skipping basic procedures is unacceptable under the Constitution.
The Legal Shield Behind the Fed
Federal Reserve governors carry an additional safeguard: they may only be removed “for cause.” Historically, no president has ever exercised that power. While the appellate judges stopped short of ruling on whether old, pre-appointment allegations could meet the “for cause” standard, the law’s backdrop weighed heavily against the administration’s position.
Paper Trails Protect Careers
New documents also undercut the fraud narrative. Records from Fulton County, Georgia, and federal security disclosures all align in treating Cook’s Atlanta condo as a secondary residence, not a primary one. Ann Arbor officials likewise confirmed she complied with rules tied to her Michigan home. None of this ends the DOJ inquiry, but it shows how clear records can counter allegations when scrutiny arises.
For you as a federal employee, the lesson is straightforward: documentation matters. Consistent disclosures and a clean paper trail may become your best defense if your integrity is questioned.
Takeaways for Federal Employees
The Cook case illustrates that due process is not a technicality—it is a lifeline. Whether facing a suspension, removal, or reassignment, you are entitled to:
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Notice of the proposed action.
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A meaningful chance to respond.
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An impartial decision-maker.
When leadership acts without those steps, courts—and the MSPB—have authority to intervene.
A Mindful Perspective
It’s natural to feel anxiety when headlines suggest careers can be cut short overnight. Remember: federal service is designed with layers of protection to ensure fairness. Staying mindful, documenting carefully, and trusting in due process can ease the fear that politics alone determine your fate.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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