Former federal prosecutor and ex-FBI general counsel Andrew Weissmann has identified a word in Chief Justice John Roberts' majority opinion in a significant Supreme Court ruling as particularly concerning. The June 13 decision in Trump v. Slaughter upheld the president's authority to remove heads of independent agencies, such as the Federal Trade Commission, at will.
Weissmann described the word, which appeared in Chief Justice Roberts' majority opinion, as "chilling." He stated that the language used in the opinion, specifically referencing the "secrecy" of the executive branch, continues a theory of presidential power that is "very scary." He noted that this particular word was not present in a prior Supreme Court ruling concerning presidential immunity.
The ruling stemmed from former President Donald Trump's 2025 decision to remove FTC Commissioner Rebecca Slaughter. The Supreme Court's 6-3 decision affirmed that the president has broad power over these agency leaders, a move Weissmann contends could "unleash political patronage."
"Why should people care? You do not want a Republican president to come in and fire every Democrat, and you do not want every Democratic president to come in and fire every Republican," Weissmann told MSNBC's "Deadline: White House." "You want career people in place with experience, who are supposed to be apolitical, regardless of party."
He characterized the decision as "ahistoric" and predicted it would have "very, very long coattails in terms of how it's going to affect our justice system."
