February 5, 2026

In a recent Senate Banking Committee hearing, Treasury Secretary Scott Bessent did not dismiss the idea that the Trump administration might sue the prospective Federal Reserve chair, Kevin Warsh, over interest rate policies. This statement follows President Donald Trump's comment last Saturday threatening legal action if Warsh fails to implement the desired rate cuts.
The Federal Reserve, traditionally an independent entity, has come under increasing scrutiny from the administration. Trump's direct threat and Bessent's refusal to clarify during the hearing, prompted by Senator Elizabeth Warren (D-Mass.), underscore a growing tension between the executive branch and the Federal Reserve.
“That is up to the president,” Bessent stated when pressed on the lawsuit possibility, although he acknowledged Warsh's qualifications. The administration, including Bessent, has been vocal about its dissatisfaction with current Fed Chair Jerome Powell, particularly criticizing his interest rate decisions and management of a building renovation. The latter is currently under investigation by the Department of Justice, a move Powell has labeled as based on “pretexts.”
During the hearing, Bessent reiterated his criticism of the Fed's monetary policies, lamenting the overuse of its power to increase the money supply, which he and Warsh believe has been excessive. His comments echoed his sentiments from a fiery House hearing the day before, where he accused the Fed of losing "accountability" and "the trust of the American people" by allowing significant inflation.
Adding to the drama, Senator Thom Tillis (R-N.C.) declared his intention to withhold his vote for Warsh until the investigation into Powell's actions is resolved. Tillis highlighted that no criminal activities were evident from Powell's testimony regarding cost overruns.
The hearings have been marked by multiple tense exchanges, particularly between Bessent and Democratic senators. In one instance, Bessent playfully commented on his erroneous past predictions in an exchange with Senator Warren, including his previous forecast of her as a Democratic presidential nominee.
In another line of questioning about how he would manage a $10 billion lawsuit filed by President Trump against the IRS as the acting director, Bessent maintained that it would be handled by the Justice Department, stating, "I will follow the law."
As these events unfold, the potential lawsuit against Warsh if appointed, and the ongoing DOJ investigation, continue to cast a shadow over the Federal Reserve's vaunted independence and the administration's financial strategies. This saga underscores the complex interplay of politics, economics, and the law at the highest levels of U.S. governance.