Lawmakers and witnesses warn attempted firing of FTC commissioners threatens enforcement of online‑safety laws
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Members and witnesses said President Trump’s recent attempt to remove two Democratic FTC commissioners could undermine the agency’s independence and hamper enforcement of privacy, competition, and children's online‑safety rules.
Lawmakers and witnesses at the Energy and Commerce subcommittee hearing spent substantial time discussing an administration move—described repeatedly in the room as unlawful—to remove two sitting Democratic Federal Trade Commission commissioners, and they warned the action could weaken enforcement of consumer and child‑safety protections.
Why it matters: Witnesses called the FTC the primary federal enforcer for consumer privacy, competition, and online‑safety statutes. They said bipartisan commission structure and multi‑year staggered terms provide durable oversight across administrations; an ability of the president to remove commissioners without cause would alter that balance.
Former FTC Commissioner Rebecca Kelly Slaughter, who said she and Commissioner Bedoya will challenge the removals in court, warned that the attempted ousters create a “shadow of arbitrary removal” that could chill enforcement: "Removing me and commissioner Bedoya means that we will all remain in the dark if the FTC veers off course or if the president orders chairman Ferguson to treat the most powerful companies in the world with kid gloves," she said.
Members from both parties recounted examples of bipartisan FTC work—privacy settlements, market studies, and investigations into pharmacy benefit managers and social‑media practices—and said those programs rely on a balanced, independent commission. Several members asked whether, if the attempted removals stand, majority commissioners could be removed later for political reasons, and Slaughter answered that the same statutory protections apply to all commissioners and warned of chilling effects on enforcement.
Open issues: Members asked whether the agency can continue ongoing investigations and administrative actions; Slaughter said outcomes are uncertain and that the removal raises questions about durability and transparency of agency decisions. Witnesses said a functioning, independent FTC is central to enforcing new laws such as COSA and Take It Down; without it, plaintiffs and victims may have limited recourse.
Ending: Commissioners, witnesses, and members urged the courts to review the removals and asked committee leadership to consider oversight steps. No formal committee action on the removals was taken during the hearing.
