Pirro Drops Appeal Plan in Powell Probe, Files Motion to Vacate Instead
CNBC reported Sunday that U.S. Attorney for the District of Columbia Jeanine Pirro has abandoned plans to appeal a court ruling blocking her Pirro Powell investigation of Federal Reserve Chair Jerome Powell. Rather than pursue the appeal, Pirro said she would file a motion to vacate the order issued against her office.
A Last-Minute Change of Direction
Pirro faced a Monday deadline to lodge the appeal she had repeatedly promised. Speaking on CNN’s “State of the Union,” she confirmed the pivot, saying her office would instead seek to vacate the ruling from Chief Judge James Boasberg of the District of Columbia. Pirro argued the ruling sets a damaging precedent limiting prosecutors’ ability to use grand jury proceedings. Her office did not respond to requests for comment following the announcement.
Former Assistant U.S. Attorney Sean P. Murphy told CNBC the maneuver amounts to asking the court to treat the ruling as though it never occurred. He noted Pirro recently filed a similar motion to erase Jan. 6-related convictions against Proud Boys and Oath Keepers members. Murphy said that the legal standing to wipe a DOJ loss from the record in the Fed case was far less clear.
Background: What Sparked the Probe
Boasberg had quashed Pirro’s subpoenas to the Federal Reserve after finding her office presented no specific evidence of wrongdoing. The judge concluded the subpoenas appeared designed to pressure Powell into voting for lower interest rates or resigning, rather than to pursue a genuine criminal inquiry. Powell has publicly resisted pressure from President Donald Trump to cut rates aggressively. The original subpoenas sought records tied to cost overruns in Fed building renovation projects.
By pivoting away from an appeal, Pirro effectively dropped the demand for those renovation-related documents. Standard DOJ procedure requires senior departmental sign-off before filing appeals, since such actions can set binding precedents. It remained unclear whether Pirro had ever secured that approval.
Powell Stays Put as Legal Uncertainty Lingers
Also Read: Trump Pressures Fed on Rate Cuts as Powell Vows Independence
Powell told reporters Wednesday that he intends to remain on the Fed’s board beyond his expiring chairmanship term until he is satisfied the legal threat to the institution has been resolved. Pirro, meanwhile, has not committed to closing the investigation permanently. She said she is waiting on a report from Fed Inspector General Michael Horowitz and reserved the right to reopen proceedings. She acknowledged Boasberg had blocked her from interviewing witnesses, but noted Horowitz retains that authority independently.
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