Pirro Drops Appeal Plan in Criminal Probe of Fed Chair Powell
CNBC reported Sunday that U.S. Attorney for the District of Columbia Jeanine Pirro appears to have abandoned her plan to appeal a court ruling that blocked her criminal investigation of Federal Reserve Chair Jerome Powell.
Pirro faced a Monday deadline to file the appeal. Instead, she announced a change in direction on CNN’s “State of the Union,” saying her office would pursue a motion to vacate rather than an appeal to a higher court.
Pirro Pivots Away From Appeal in Powell Criminal Investigation
The original appeal was aimed at overturning rulings by Chief Judge James Boasberg of the D.C. District Court. Boasberg had quashed Pirro’s subpoenas to the Fed, which demanded documents tied to cost overruns in the central bank’s building renovation program.
By abandoning the appeal and opting for a motion to vacate, Pirro effectively appears to be withdrawing that documentary demand entirely. Her office did not respond to requests for comment on the shift.
Former Assistant U.S. Attorney Sean P. Murphy told CNBC that a motion to vacate essentially asks a judge to treat a prior ruling as if it never occurred. Murphy said Pirro recently used the same mechanism to erase Jan. 6-related convictions of Proud Boys and Oath Keepers members. He noted it was unclear whether she had standing to apply the same approach to a Department of Justice legal loss in the Fed case.
Background: A Probe Tangled in Fed Independence
Boasberg’s ruling against Pirro rested on the absence of specific evidence of wrongdoing at the Fed. The judge also found substantial indications the investigation was designed to pressure Powell into cutting interest rates more quickly. President Donald Trump has repeatedly and publicly pushed the Fed to lower rates faster.
Appeals within the DOJ typically require sign-off from a senior department official, as they can set precedents that cut against the government in future cases. It remained unclear whether Pirro had secured that approval before announcing her pivot.
Powell Stays Put as Legal Uncertainty Lingers
Powell said Wednesday he intended to remain on the Fed’s board beyond his term as chair until he was satisfied the legal threat to the institution had been resolved. Pirro has insisted she retains the authority to reopen the investigation if circumstances warrant. She is also awaiting a report from Fed Inspector General Michael Horowitz and said she would not commit to ending the probe if Horowitz finds no criminal conduct.
The Fed declined to comment on Pirro’s latest legal maneuver.
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