Instant Reaction: Judge Rejects Subpoenas of Fed in Powell Case, DOJ to Appeal 

13 Mar 2026 · 20 min · 12 chapters

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Podcast Summary: Bloomberg Daybreak: US Edition

Episode Title

Instant Reaction: Judge Rejects Subpoenas of Fed in Powell Case, DOJ to Appeal

Episode Overview In this episode, hosts Nathan Hager and Karen Moskow discuss the recent ruling by US District Judge James Boasberg, who rejected subpoenas issued to the Federal Reserve in the case involving Chair Jerome Powell. The ruling has significant implications for Powell's potential successor, Kevin Warsh, and the ongoing investigation led by US Attorney Jeanine Pirro. The discussions feature insights from Bloomberg legal analyst June Grasso, economics correspondent Michael McKee, and opinion editor Tim O'Brien.

Key Points

  • Judge's Ruling:
  • Judge Boasberg ruled that the government failed to provide adequate evidence to justify the subpoenas related to renovations at the Fed and Powell's comments on the project.
  • The judge characterized the motives behind the subpoenas as "improper," suggesting they were retaliatory against Powell's policy decisions.
  • Jeanine Pirro's Response:
  • Pirro, the US Attorney for D.C., deemed the ruling incorrect and announced plans to appeal, claiming the investigation was unjustly undermined.
  • She labeled Judge Boasberg an "activist judge," reflecting a common critique from the Trump administration regarding judicial decisions.
  • Implications for Kevin Warsh:
  • The ruling has the potential to delay Warsh's confirmation as Powell's successor, as Pirro's ongoing appeal could prolong the process.
  • Warsh's confirmation is critical amid concerns regarding monetary policy and its implications for the economy.

Analysis and Reactions

  • Legal Perspectives:
  • June Grasso emphasized the lack of evidence presented against Powell, noting that the judge's ruling highlighted the "fishing expedition" nature of the subpoenas.
  • The comparison to perjury cases illustrated the challenges the prosecution faces in establishing a solid case.
  • Political Dynamics:
  • The episode analyzed the political ramifications of the judge's ruling, specifically how it may affect the broader relationship between the Fed and the Trump administration.
  • Tim O'Brien articulated the lack of strategic planning within the administration concerning the nomination process, suggesting disarray and poor communication.
  • Market Implications:
  • The discussion delved into how this legal battle might affect market perceptions of Fed independence and credibility.
  • Analysts noted that while the markets currently trust the Fed, ongoing conflict could erode that confidence.

Conclusion

The episode provides a comprehensive overview of the legal and political tensions surrounding Fed Chair Jerome Powell amid the backdrop of a politically charged investigation by the DOJ. The complexities of maintaining Fed independence in the face of political pressure were highlighted, alongside the implications for economic policy and market stability. Key participants in the discussion underscored the intricacies involved in navigating this contentious landscape, suggesting that the resolution of these issues could have lasting effects on both governance and economic indicators.

Written by AI. May contain mistakes. Listen to the episode to check what was said.

Chapters

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Breaking News Update

0:42 to 1:00

Overview of the breaking news regarding the Federal Reserve and subpoenas.

“This is a breaking news update from Bloomberg.”

Legal Rulings and Opinions

1:00 to 2:36

Discussion about the rejection of subpoenas against Fed Chair Jay Powell.

“Jerome Powell today is now bathed in immunity, preventing my office from investigating the Federal Reserve.”

Judge Boasberg's Decision

2:36 to 4:26

Analysis of Judge Boasberg's opinion and its implications for Powell.

“And you heard Jeanine Pirro talk about how there's no evidence and there's no this is against the rules and all that stuff.”

Appeals and Legal Strategy

4:26 to 5:50

Discussion on the potential appeals and legal strategy surrounding the case.

“And the Fed had always taken the position there was no crime here.”

Challenges in Prosecuting the Case

5:50 to 8:23

Exploring the difficulties of proving charges against Powell.

“What does she have to do to get these appeals?”

Future of Jay Powell and the Fed

8:23 to 10:34

Discussion on the future of Powell's position and implications for the Fed.

“Our conversation is going to continue, June.”

Trump Administration's Strategy

10:34 to 14:01

Analyzing the chaotic strategy of the Trump administration regarding the Fed.

“He's Bloomberg Opinion Senior Executive Editor.”

Fed Meeting Expectations

14:01 to 15:00

Discussing the upcoming Fed meeting and the implications for Powell's statements.

“All the rest of it is throwing mud up against a wall to see what sticks.”

White House Dynamics

15:01 to 16:08

Analyzing the communication challenges within the current White House administration.

“Even if Kevin Walsh were confirmed immediately, he wouldn't be cutting rates under these circumstances.”

Press Conference Reactions

16:09 to 18:08

Evaluating the combative nature of recent press conferences and public communications.

“people who give you independent advice get in your way.”
Show all 12 chapters

Fed Independence and Market Credibility

18:09 to 19:16

Exploring the perceptions of Fed independence and its impact on market credibility.

“Well, I wanted to ask about Fed independence, Mike.”

Energy Market Impacts

19:17 to 20:47

Discussing the implications of fluctuating oil prices and potential energy crises.

“And really this week, I think we've seen things where he's come out to almost massage the energy trade.”
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Transcript

Automatic transcript. May contain errors.

0:03Jeanine Pirro:Every small business owner has that one moment that could have broken them, but remarkably, it didn't. Hi, I'm Ben Walter, CEO of Chase for Business, and on Season 3 of The Unshakeables, my co-host Kathleen Griffith and I are bringing you more incredible stories of overcoming the impossible. We're really proud to share that The Unshakeables is nominated for Best Branded Podcast at the 2026 iHeart Podcast Awards. Listen to The Unshakeables wherever you get your podcasts and learn more at chase.com slash podcast. JPMorgan Chase Bank and a member FDIC. Copyright 2026, JPMorgan Chase and Company. Bloomberg Audio Studios.

0:44James Boasberg:Podcasts. Radio. News. This is a breaking news update from Bloomberg.

0:52Jeanine Pirro:Instant reaction and analysis from our 3 ,000 journalists and analysts around the world. U.S.

1:00James Boasberg:Attorney for Washington, D.C., Janine Pirro, vowed to continue her investigation of Federal Reserve Chair Jay Powell after a judge earlier rejected subpoenas issued to the central bank threatening to delay the confirmation of Kevin Warsh as Powell's successor. She spoke from her office in D.C. Jerome Powell today is now bathed in immunity, preventing my office from investigating the Federal Reserve. This is wrong, and it is without legal authority.

1:32Jeanine Pirro:That's U.S. Attorney for Washington, D.C., Janine Pirro. We're joined by June Grasso, Bloomberg Legal Analyst and host of Bloomberg Law, weeknights at 6 and 10 p.m. on Bloomberg Radio. Michael McKee is with us, too. He's Bloomberg TV and Radio International Economics and Policy correspondent. June, you brought a printout. This is the full opinion. What have you found?

1:51James Boasberg:Let me first read you, if I may, the first few lines. Jerome Too Late Powell has done it again. It's too late. And actually, he's too angry, stupid, and too political to have the job of Fed chair. He's costing our country trillions of dollars.

2:04Jeanine Pirro:It sounds like a true social post.

2:05James Boasberg:The judge started with a page and a half of social posts by President Trump. So all legal rulings are like that, right? I've never seen one like this because usually they don't even give a preface. He just went right into it. And, you know, the thing is that he said there's no evidence that Powell committed any crimes. They've presented no evidence. On the other side, there's a mountain of evidence that this is about retribution against Powell by Trump. And that's why Judge Boesberg put that out there. So political. Can we read retribution as political or no? Yes, yes, I definitely think so. And you heard Jeanine Pirro talk about how there's no evidence and there's no this is against the rules and all that stuff.

2:43James Boasberg:Well, you know, I'll just read from Rule 17 of the Federal Rules of Criminal Procedure, which prohibits subpoenas that are unreasonable or oppressive. So the judge found that this was unreasonable and probably oppressive. So, you know, this is a judge that's well known. He's the chief judge of the D.C. Circuit.

3:02Jeanine Pirro:Judge Boasberg you're talking about.

3:03James Boasberg:He's very well respected, but you also might know he came into prominence because he's the judge who told the Trump administration to turn the planes around when they were flying Venezuelans to El Salvador. Okay. Well, we heard from our Elliot Stein of Bloomberg Intelligence, right, who said that this is a judge who's been kind of a thorn in the side of the Trump administration. They went after him for ethics violations and failed. So it was about a conference, a private statement that he made at a conference of judges, and they actually tried to pursue ethics complaint against him, and that was dismissed.

3:36Jeanine Pirro:So he was appointed in 2011 by President Obama, but earlier he was appointed to the Superior Court of D.C. by President George W. Bush. So he's had support from—and, you know, we're talking about this because these days there's a lot of—he was called an activist judge by Jeanine Pirro.

3:52James Boasberg:Not only that, by Pam Bondi months and months ago, I have I can, you know, find the quotes of her calling him and actually calling out Judge Boesberg and a few other judges as activist judges. So, I mean, that's a term that is used a lot by people in this administration. And, you know, you really can't put any credit on that because they call dyed in the wool Republican judges appointed by Ronald Reagan activists. Mike, I want you to come in. You're going to stick around a little bit later and also talk with our Tim O 'Brien about all of this. But I mean, is Jay Powell sitting there being like Yahoo or it's not over yet?

4:25James Boasberg:So he's, you know, because remember, he made that video after the subpoenas and was was unheard of to see a Fed chair come out and do something like that.

4:35Jeanine Pirro:Well, he's not rejoicing. I'm sure he's happy with the ruling. And the Fed had always taken the position there was no crime here. And they pointed to the senators who all said there was no crime here, which Judge Bosberg notes in his decision. And the administration has just continued to pursue this. So the Fed has had to sit back. This was sort of the Fed's longer shot strategy to try to get the subpoenas quashed. It's sort of the first line of defense, and they won on that. So now they don't even have to go farther unless she wins her appeal. But Powell's going to have to wait and see what happens with the appeal.

5:17Jeanine Pirro:and if then she finds some other way to try to indict him for something because they're trying to get him. It's very interesting in Judge Bosberg's opinion, he paraphrases a man for all seasons. When he compares, he lays out all these tweets that the president put out and he said, this basically comes down to, will no one rid me of this meddlesome priest? And Jeanine Pirro is the person who's trying to do that.

5:46James Boasberg:So go back, June, then, to the legal case. What's next? What does she have to do to get these appeals? First of all, she said that this gives him blanket immunity. That's not the case. First of all, she's going to appeal. And also, they're asking for a reconsideration because she said the judge had some dates wrong. Does that matter legally? Well, it may not matter legally based on, we have to look at the context of it. But, you know, will he reconsider? Maybe he'll reconsider. But I doubt that he's going to come out with a different opinion. So that's that's next is the is the appeal. And she can also she can also find, as Mike said, other information to move her case forward.

6:29James Boasberg:And the other thing is she, and particularly the D.C. Attorney's Office, has had a lot of trouble getting grand juries to indict people in cases and having grand juries reject cases that are, you know, overcharged. This case, I have to say, getting a criminal case based on statements that are mistaken, that is a very tough case to make. I mean, perjury cases are just really difficult to make. This is something the president kind of knows about, doesn't he?

6:57Jeanine Pirro:Well, this was not about cost overruns.

6:59James Boasberg:Oh, okay.

6:59Jeanine Pirro:This was about his testimony to the Senate Banking Committee when he was asked about the cost overruns. And what he said was sort of evasive because apparently he didn't have all the information right in front of him. But there was no lie in it. And Tim Scott, the chairman of the Banking Committee, said he didn't lie to us. The rest of the Banking Committee said he didn't lie to us. But that's what Pirro is trying to build a case on.

7:26James Boasberg:Which is what she highlighted also in the press conference today.

7:29Jeanine Pirro:right in terms of the cost well yeah it all revolves around the cost okay but he didn't she hasn't tried to charge him with anything in relation to the cost it's a fishing expedition if they got some paperwork from the fed if the subpoenas had gone forward that showed he did

7:47James Boasberg:something wrong but that's fishing expeditions well i was going to say that um if you remember the barry bonds case years and years and years ago where they were trying to baseball player yes They were trying to get him perjury based on statements he made to a grand jury. And if you read it, he just went around and around. He didn't lie specifically. Seven years of pretrial and things like that. He finally got convicted, and then it was overturned on appeal. I mean, these are not easy cases to make. And by the time it goes through, Jeanine Pirro will probably be out of the D.C. office.

8:22Jeanine Pirro:Kevin Lorsch has to wait seven years. Well, that's what. What? We got it. Our conversation is going to continue, June. It is going to continue. You have work to do. We have to say goodbye to you. June Grosso with Bloomberg Legal Annas. She's host of Bloomberg Law. Weeknights at 6 and 10 on Bloomberg Radio. Mike McKee, you're not so lucky. You're sticking with us.

8:39James Boasberg:And we're going to bring our Tim O 'Brien into the studio as well and also talk with him about all of this. But Mike, one of the things... Can we go? Can we go? We're going to go. Mike, one of the things I think about is what if there is kind of the back and forth still going and Kevin Warsh, his nomination isn't confirmed. What happens? Does Jay Powell stay in the job? Like, how does this?

9:03Jeanine Pirro:Well, Powell can stay as a governor until January of 2028, because that's when his governor's term ends. He would not be chairman of the Board of Governors anymore after May 15th. But the Open Market Committee that makes the interest rate decisions elects its own chair every year. And this year, the Open Market Committee elected him to be chair for the entire year. The last time they elected somebody in this situation, they said until a successor is confirmed. So they don't have to do anything. He just stays as chair until and unless he either resigns or Warsh comes in and they decide to replace Powell.

9:42Jeanine Pirro:This is something we're going to talk about with Tim O 'Brien, too, in just a minute. But, Mike, it seems like this could have been such an easy opportunity to fast track Kevin Warsh to becoming the next Fed chair. Had Janine Pirro accepted the decision from this judge and said, OK, the judge spoke. We're done. That's it. And we're not going to appeal this. But now Tom Tillis says as long as this process continues, he will not allow Kevin Warsh to move from committee to get confirmed. Well, and if this is going to continue through the appeals process, it's going to continue for months because that's the way the legal system works.

10:22Jeanine Pirro:So Warsh is not going to be confirmed anytime soon. I suppose it makes Stephen Myron happy because he stays in the seat. But you have to shake your head. You have to wonder and say, what were they thinking? But we're always saying that these days. Let's bring in Tim O 'Brien. He's Bloomberg Opinion Senior Executive Editor. He's back here in our studio. Tim, we wanted you on because you have a column earlier that we spoke about, about the president and plans and planning for this. And I think this is kind of a perfect opportunity to talk about what was the plan here? Is there a plan? Is there a plan here?

10:55Jeanine Pirro:And I think if we know what my answer is going to be. Yeah, I know what your answer is going to be. But this seems to be, like we were saying, not necessarily prudent to get the next Fed chair in position for President Trump. Yeah, again, you know, planning matters. It matters when you plan a party. It matters when you plan a home renovation. It matters when you plan how to run a business, and it certainly matters when you plan how to run the federal government in its myriad facets and all the important things it does. So, of course, the orchestration of how you get a Fed nominee on track, how you get a Fed nominee approved, and how you then get them seated really matters.

11:34Jeanine Pirro:And a lot of this, the thing that's going on with Lisa Cook, it is theatrics. the issue being looked into other members of the Trump administration have wrestled with this including the treasury secretary who wasn't singled out for an investigation and it would be just wise for them to let go of it and smooth the waters and get worse right in there as Michael was saying and the fact that they're not suggests a number of things that they actually don't have a blueprint for how to go about this. They're not communicating well with each other. It's not clear to me how well the president's team communicated with Pirro before she got in front of a microphone to talk about this, how much of it's informed by peak rather than strategy, et cetera, et cetera.

12:24Jeanine Pirro:And that is a common feature of how the Trump administration rolls.

12:29James Boasberg:I want to ask you, though, Tim, like part of us sometimes wonders, is this chaotic approach and, And, you know, President Trump's ability or, you know, goal of putting so much out there to kind of confuse us is a plan and is a strategy. You know, the flood the zone kind of idea. How much of that do you should we think that this is part of what he wants to do? And we're not talking about some oil prices or the Epstein files.

12:56Jeanine Pirro:Or Epstein files.

12:56James Boasberg:We talk about this all the time. There are things we're not talking about as a result.

12:59Jeanine Pirro:Well, so I think that this is an attempt to impose a rational structure on what's an inherently irrational process, which is that Trump is a chaotic force of nature. This is who he's been forever. He hasn't really had to suffer the consequences of chaos in his own life or his own career. He's come very close a few times. He flirted with personal bankruptcy in the early 1990s. He's been through a number of marriages. He was in the White House, then out of the White House. Now he's back in again. So, you know, this is present. But I think it's important to discern strategy from chaos and discern strategy from goals.

13:41Jeanine Pirro:You know, I think Trump clearly has goals. It's usually self-aggrandizement or self-preservation. Almost everything that he aspires to is in one of those silos. But that's not having a strategy. Strategies require patience. You have to think long term. You have to build a team around you that can help you execute your vision. That's strategy. All the rest of it is throwing mud up against a wall to see what sticks.

14:06James Boasberg:Who does have strategy is Jay Powell. And I keep thinking, Mike, about next week and the Fed meeting. And we'll know where I'm sure there will be posts on social media that we will get from whether it's the White House or the administration or what have you. But I just think about where Jay Powell is going to be on Wednesday, no matter what is kind of swirling around him. And when it comes to this specifically, we know he'll be asked.

14:25Jeanine Pirro:Yeah, the Fed has to make a decision. And Powell, I'm sure, when asked about it, will say something along the lines of, well, we agree with the court. And that's all I'm going to say because it's under appeal. I'm not going to talk about it anymore. And then we're going to ask him, are you going to stick around as governor when your term as chair ends? And he will say, I haven't thought about that. I'm not giving that any thought right now. I'm just focused on the job in front of me, which will, in a way, get easier because of the president, because the war has pushed up oil prices and is threatening the economy.

15:00Jeanine Pirro:The Fed is now going to be sitting back and doing nothing. Even if Kevin Walsh were confirmed immediately, he wouldn't be cutting rates under these circumstances. Would Stephen Myron? No, I don't think so. Okay. I mean, we talked to Stephen the week the war started, and he said, I just don't know enough right now, so I'm still on my position. But if you thought that inflation was going to rise significantly, then cutting rates would not be the thing you'd want to do. Myron's argument would be, well, if the economy is going to slow, we're going to get higher unemployment, then that is something you might cut rates for.

Read the full transcript

15:34Jeanine Pirro:But for right now, we're not seeing that.

15:37James Boasberg:Tim, where is the president's advisors? Like, I'm just thinking in a normal White House, they would be like midterms, affordability.

15:44Jeanine Pirro:You know, just as Mike was talking, I was thinking stagflation, stagflation, stagflation. Yeah, we do. All of the, you know, all the bells are chiming towards that. You know, I think in Trump's first White House, he had advisors around him who talked back, whether it was, you know, General Mattis on the one hand or Rex Tillerson on the other. And I don't think those sort of people exist in this administration, because I think the lesson that the president took away from his first administration was people who give you independent advice get in your way. And they contradict how you see the world.

16:18Jeanine Pirro:And he doesn't like either one of those things. So what you have now is essentially an apparatus around him that's enabling. But anyone who talks to people in the White House or reports on it describes it as essentially a tornado of different goals and poor communication. What did you, Tim, were your takeaways of the press conference we saw with the U.S. attorney, Janine Pirro? It was combative. It was energetic. She was—I think she was very—I'm just confused about, like, who that was for and how you see it as sort of an emissary of the president. It reminded me of the attorney general's recent congressional testimony where it was similar.

17:04Jeanine Pirro:It was, I am not going to concede your point. I'm not really going to answer your question. I'm here because Donald Trump is the best president in the history of the world. And our goal is to achieve X and therefore we will do it. And I tend to think, I think today the war secretary, Pete Hegseth, gave a press conference to debrief the American public on where we are. And it was very performative. And again, I think all of these people are cognizant of that when they're on TV, there's an audience of one in the Oval Office that they have to think about before everyone else. There's something interesting about this, too, because at the Defense Department, remember, they essentially forced all the regular mainstream press out.

17:45Jeanine Pirro:So the people who are at Hegson's conference are all basically affiliated with right-wing media outlets. But at the Justice Department today, there was a lot of antagonism that she was responding to. She got asked, How does this fit in with all of the other cases that you have failed to get grand juries to indict? And that made her very angry at the end.

18:08James Boasberg:You know, one of the things I think about, too, is just, I just blanked, actually.

18:14Jeanine Pirro:Well, I wanted to ask about Fed independence, Mike. And I'm wondering if a decision like this from a judge makes you think, OK, the Fed, or maybe makes investors think, Fed independence is strong. It's kind of a mixed picture. Yes, the markets feel basically that Fed independence is strong. Now, one of the issues is how strong is their credibility because of the problem they had with the big inflation scare and things like that. And everybody doesn't know exactly how this plays out with the president and the Fed. But for right now, the markets believe in the Fed. And I don't think it's going to take a lot to change that.

18:55Jeanine Pirro:And the more this goes on, the more the president turns other members of the Fed against him. And people stick up for the institution. And whether they love Jay Powell or hate Jay Powell, the Fed itself is more important.

19:12James Boasberg:That's what I actually wanted to go to. So thank you for like treating my brain, the synapses. But I mean, I think about Tim, too, that we talk about a Trump put, right, that the president does watch the markets. And really this week, I think we've seen things where he's come out to almost massage the energy trade. So should we assume whether it's the Fed, you know, nervousness in the markets that he will come back to that?

19:32Jeanine Pirro:Well, I think, you know, he can't just massage the energy trade forever. You know, oil prices have been on a yo-yo. And at some point, because of the nature of the industry, everything will shut down for a period of time and it'll take a while to revive it. And there will be economic consequences for that. And I think he's hoping that within these little moments of breathing room, maybe the Iranians come to the table or something else. I don't know exactly what he's thinking. But but nobody does. ever. Nobody does. But the interesting thing here now, if you compare it to like Liberation Day and tariffs, is the whole dance around, was he going to impose tariffs or not, played out over several months because he had the time to do that.

20:15Jeanine Pirro:He does not have the time in this situation to let this play out that long at all. And he is now dealing with fanatics in Iran who are going to dig in and wage a long war, it appears. And he can be fanatical himself. And if both sides on this end up just digging in, we're going to have a full-blown energy crisis.

20:38James Boasberg:Which is why we also have market watchers saying, we've got to know the duration, the impact, and that will determine so much going forward.

From the publisher

Jeanine Pirro vowed to continue her investigation of Federal Reserve Chair Jerome Powell after a judge rejected subpoenas issued to the central bank, threatening to delay the confirmation of Kevin Warsh as Powell’s successor.

US District Judge James Boasberg said the government had advanced no evidence to justify the subpoenas — relating to renovations to the Fed’s headquarters and Powell’s comments about the project — and said they clearly reflected an “improper motive” of retaliating against Powell over policy differences. Pirro, who leads the US Attorney’s Office for the District of Columbia, called the ruling wrong and said they would appeal the decision.

“This process has been arbitrarily undermined by an activist judge,” Pirro said in a press conference Friday. “The process should have been allowed to run its course, and it wasn’t. And shame on them.”

For instant reaction and analysis, Bloomberg Businessweek Daily cohosts Carol Massar and Tim Stenovec speak with:

  • June Grasso, Bloomberg legal analyst and host of Bloomberg Law
  • Michael McKee, Bloomberg International Economics & Policy correspondent
  • Tim O'Brien, Bloomberg Opinion senior executive editor 

See omnystudio.com/listener for privacy information.

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