Trump order declares independent US agencies aren’t independent anymore

President Trump yesterday issued an executive order declaring sweeping power over agencies that were created to operate independently from the White House. The order declares that "officials who wield vast executive power must be supervised and controlled by the people's elected President," and that "it shall be the policy of the executive branch to ensure Presidential supervision and control of the entire executive branch."

An accompanying fact sheet issued by the White House said the order applies to "so-called independent agencies like the Federal Trade Commission (FTC), Federal Communications Commission (FCC), and Securities and Exchange Commission (SEC)." The Federal Election Commission is also expected to be affected by the order.

The White House said it will require independent agencies to submit draft regulations for review, except for the monetary policy functions of the Federal Reserve. Independent agencies are also ordered to "consult with the White House on their priorities and strategic plans." The order claims more White House control over how agencies spend their budgets.

The White House Office of Management and Budget will "adjust such agencies' apportionments by activity, function, project, or object, as necessary and appropriate, to advance the President's policies and priorities," the executive order said. These budget changes "may prohibit independent regulatory agencies from expending appropriations on particular activities, functions, projects, or objects, so long as such restrictions are consistent with law."

The executive order is likely to be challenged in court. Separately, the Trump administration is asking the Supreme Court to reverse a judge's ruling that blocked Trump's attempt to fire the head of the Office of Special Counsel, an independent agency that protects government whistleblowers.

Order: Don’t contradict the president

Employees of independent agencies would also be forbidden from issuing legal interpretations that contradict the president's legal interpretations. "No employee of the executive branch acting in their official capacity may advance an interpretation of the law as the position of the United States that contravenes the President or the Attorney General's opinion on a matter of law, including but not limited to the issuance of regulations, guidance, and positions advanced in litigation, unless authorized to do so by the President or in writing by the Attorney General," the Trump order said.

The White House fact sheet said the goal of this provision is to ensure that the president and attorney general "interpret the law for the executive branch, instead of having separate agencies adopt conflicting interpretations."

John Bergmayer, legal director of consumer advocacy group Public Knowledge, said Trump's order is based on a "unitary executive" theory that "has made its way from the fringes of academia to the halls of power."

"In this latest Executive Order, the Trump regime purports to seize for itself the power Congress delegated to independent regulatory agencies, and as written, declares the White House's interpretation of the law as 'authoritative,' with no mention of the courts," Bergmayer said. "Of course, the president is not, and never has been, the final arbiter of what is lawful. Lawyers working for the government owe their allegiance to the American people, not to President Donald J. Trump."

Trump's OMB director, Russell Vought, told Tucker Carlson in a recent interview that "there are no independent agencies. Congress may have viewed them as such—SEC or the FCC, CFPB, the whole alphabet soup—but that is not something that the Constitution understands. So there may be different strategies with each one of them about how you dismantle them, but as an administration, the whole notion of an independent agency should be thrown out."

Extending Trump’s grip

Although the president nominates commissioners and appoints chairs at agencies like the FCC, independent agencies are supposed to make their own decisions. A 2023 report by the Congressional Research Service said an independent agency is "a freestanding executive branch organization that is not part of any department or other agency," and which has "greater autonomy from the President's leadership and insulation from partisan politics than is typical of executive branch agencies."

Other independent agencies include the National Labor Relations Board and Consumer Financial Protection Bureau, the report said. Laws approved by Congress specify the authority of independent agencies along with the agencies' "goals, principles, missions, and mandates," the report said.