Episode 48: Can the President Fire the SEC Chair?

01/11/2024 15 min Episodio 48
Episode 48: Can the President Fire the SEC Chair?

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Episode Synopsis

There is a presidential election happening right now, and regardless of your political views, if you’re listening to this, you probably like crypto. In fact, the election-related question I get most frequently goes something like this:  If Trump wins, will he really replace Gary Gensler on day one as promised? Or If Harris wins, will she replace Gensler as quickly as Trump would? This of course begs the question: Can the president fire the SEC chair? Turns out, there is significant legal uncertainty around how an SEC chairperson can be removed. Key Points From This Episode:History of the SEC and how it is managed.What does the law say about SEC commissioner removal?What does the constitution say about SEC commissioner removal?What is common historical practice when there’s a new president?Baseless speculation/prediction time!Disclaimer:This show is for informational purposes only. Nothing presented here constitutes legal advice. Tokens of Wisdom is produced by Dave Rothschild, partner at Cole-Frieman & Mallon LLP headquartered in San Francisco, California. For more information, visit https://colefrieman.com/Links Mentioned in Today’s Episode:Dave Rothschild - https://www.linkedin.com/in/davidcrothschild/Cole-Frieman & Mallon LLP - https://colefrieman.com/Music by Joe Ginsberg - https://www.instagram.com/thejoeginsbergFor any questions or comments, email: [email protected] Court Cases discussed today:Myers v United States: https://supreme.justia.com/cases/federal/us/272/52/Humphrey's Executor v. United States: https://supreme.justia.com/cases/federal/us/295/602/Free Enterprise Fund v. Public Company Accounting Oversight Board: https://supreme.justia.com/cases/federal/us/561/477/