Federal Elections Chief Refuses to Leave After Trump Fires Her, Vows to Dig In and Cause ‘Trouble’

A prominent critic of Donald Trump, who serves on the Federal Election Commission, is vowing to stay in her job despite being fired by the president, arguing that executive removal is not the way to remove an FEC commissioner.

In a social media missive Thursday after she was told she was being relieved of her position, Federal Election Commission Commissioner and Chair Ellen Weintraub said she wasn’t going anywhere.

“Received a letter from POTUS today purporting to remove me as Commissioner & Chair of [the FEC],” Weintraub wrote.

“There’s a legal way to replace FEC commissioners — this isn’t it. I’ve been lucky to serve the American people & stir up some good trouble along the way. That’s not changing anytime soon.”

Received a letter from POTUS today purporting to remove me as Commissioner & Chair of @FEC. There’s a legal way to replace FEC commissioners-this isn’t it. I’ve been lucky to serve the American people & stir up some good trouble along the way. That’s not changing anytime soon. pic.twitter.com/7voecN2vpj

— Ellen L. Weintraub (@ellenlweintraub.bsky.social) (@EllenLWeintraub) February 6, 2025

As Bloomberg noted, Weintraub is one of three Democrats on the six-person commission, which is always split between representatives of the two parties. However, she’s “voted to investigate the president over allegations involving violation of rules barring coordination between his campaign and allied super political action committees and matters regarding accusations that Russia tried to influence the outcome of the 2016 election,” the outlet noted.

“She also voted to investigate Trump for promoting some of his businesses, including hotels, golf courses, bottled water and winery, during the 2016 campaign, including at rallies.

“The FEC deadlocked 3-3 in that case as it did in many others involving Trump, with the three Republican commissioners voting against pursuing further inquiries. To proceed with an investigation, four votes are required.”

Democrats were predictably outraged.

“This onslaught against the FEC — when that agency is currently reviewing complaints against the president — reeks of corruption,” said New York Rep. Joe Morello, ranking member of the House Administration Committee.

As for whether or not the firing holds water, that’s an open question.

Axios talked to former FEC Commissioner and Chair Trevor Potter, appointed by former President George H.W. Bush, who said firing Weintraub would upend “generations of Supreme Court precedent.”

“Congress explicitly, and intentionally, created the FEC to be an independent, bipartisan federal agency whose commissioners are confirmed by Congress to serve the vital role of protecting the democratic rights of American voters,” Potter said.

“As the only agency that regulates the president, Congress intentionally did not grant the president the power to fire FEC commissioners.”

However, as Tiffany Donnelly at the Institute for Free Speech noted, Weintraub’s case represents an outlier.

FEC commissioners are supposed to serve six-year terms. Weintraub was appointed by then-President George W. Bush, which would have meant her term would have ended long ago — no matter when during his presidency she was appointed.

As it turns out, that term ended during Bush’s presidency: April 30, 2007, since she was appointed in 2002.

“But Weintraub never left the FEC. Over 22 years after being appointed and 17 years after her term expired, Ellen Weintraub still serves as an FEC Commissioner,” Donnelly wrote. “By statute, FEC commissioners are supposed to be limited to one six-year term. They are permitted to stay in office as ‘acting’ commissioners until their successor is appointed.

“No one ever thought, however, that ‘acting’ could mean ‘over two decades.’”

One thing’s for sure, though: No matter how long ago her term may have expired, Weintraub doesn’t plan to go anywhere — and if her case goes to court, it could have ramifications for other dismissals the new administration wishes to pursue.

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