Alan Dershowitz, Harvard Law School professor emeritus, told Newsmax on Wednesday that the Supreme Court is likely to reject President Donald Trump's firing of Federal Reserve Board member Lisa Cook on procedural grounds, while ultimately leaving the door open for her removal if sufficient cause is established.
Dershowitz told "The Record With Greta Van Susteren" that the case before the high court is less about Cook herself and more about whether presidents are required to show cause, and whether that determination is subject to judicial review, when removing members of independent agencies.
"Well, we don't know," Dershowitz said when asked what "cause" means in this context. "And this case probably won't decide that."
Dershowitz predicted the Supreme Court would rule unanimously that a president cannot simply dismiss a Federal Reserve governor without due process safeguards, even if the standard for cause ultimately proves to be relatively low.
"My prediction: The Supreme Court will hold probably nine to nothing, that you can't just fire somebody, and that's the end of the matter without having to find cause, due process, some degree of safeguard for the person," he said.
However, Dershowitz said that outcome would not necessarily save Cook's job. He said the court is likely to allow the administration to proceed with her dismissal if it can articulate legitimate grounds.
"I don't think the barrier will be very high," Dershowitz said. "And I think in the end she will be fired."
Trump's decision to remove Cook, a Biden-era appointee to the Federal Reserve Board of Governors, has raised broader questions about the independence of the central bank and the president's authority over independent agencies.
Cook has not been criminally charged, though allegations involving her personal finances have been publicly discussed.
"You don't need a conviction," Dershowitz said, noting that in many employment contexts, workers can be terminated for cause without criminal wrongdoing.
Dershowitz said the stakes extend well beyond Cook, warning that a ruling favoring Trump could set the stage for further challenges to the Fed's independence, including potential action against Chair Jerome Powell.
"If the president wins on this, we know Powell's next and others will be next," he said, adding that Trump could seek to install Fed officials more aligned with his economic views on lowering interest rates.
Dershowitz also questioned the constitutional foundation of independent agencies, noting that the Federal Reserve is not explicitly provided for in the Constitution.
"The whole concept of an independent executive organ is not in the Constitution," he said. "So, the Supreme Court's job is not easy."
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