DOJ Argues NCUA Board Members Can Be Removed at Will
The Justice Department has filed a brief with the US Court of Appeals for the D.C. Circuit, arguing that President Trump had the authority to remove former NCUA board members Todd Harper and Tanya Otsuka from their positions in April 2025.
According to the brief, Congress did not place any restrictions on the President's ability to remove NCUA board members, unlike Federal Reserve governors who have statutory removal protections.
The government maintains that the NCUA is not entitled to the same special status as the Federal Reserve, which was recognized by the Supreme Court in Trump v. Cook due to its unique historical role and structure.
The dispute stems from President Trump's removal of Harper and Otsuka, who were subsequently reinstated by a US district court judge, only to have their reinstatement stayed while the administration pursued an appeal.