Tokens of Wisdom

Episode 48: Can the President Fire the SEC Chair?

Dave Rothschild Episode 48

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/thejoeginsberg

For any questions or comments, email: tow@colefrieman.com

Supreme Court Cases discussed today: