Worsh appointment could be delayed? Trump administration asks judge to reconsider decision to revoke subpoena for Powell

Lawyers for the Trump administration on Monday asked U.S. District Court Judge James Boasberg to reconsider his previous ruling—which revoked grand jury subpoenas against Federal Reserve Chair Jerome Powell. This move appears to fulfill the earlier promise by Washington, D.C. federal prosecutor Jeanine Pirro to appeal to higher U.S. courts.

In Monday’s motion for reconsideration, Justice Department prosecutors argued that the court “applied the wrong legal standard, erred on certain factual issues, and ignored other relevant facts.” The prosecution contended that as long as there is a “reasonable possibility” that the category of materials sought by the government could generate “information relevant to the overall topic of the grand jury investigation,” subpoenas should be permitted; even if the recipient “puts forward seemingly reasonable alternative motives,” that should not prevent the issuance of subpoenas.

This filing came two days after Judge Boasberg blocked the issuance of two grand jury subpoenas to the Federal Reserve Board. At that time, he deemed the subpoenas merely a “pretext,” intended to pressure Powell to lower interest rates or resign as Fed chairman.

The Justice Department argued Monday that the Federal Reserve Board “never denied” the subpoenas involved only materials directly related to the subject of the grand jury investigation: including budget overruns for the Washington headquarters renovation—estimated at over $1 billion, “quite astonishing” even by Washington standards—as well as Powell's testimony before Congress.

This request came just as Boasberg had ruled to prohibit Pirro’s prosecutor’s office from continuing to pursue subpoenas for records and testimony relating to the Federal Reserve investigation. In the subsequently unsealed order, he stated the Justice Department had absolutely no evidence Powell had committed any crime, except that Powell had displeased Trump.

Boasberg wrote: “Did prosecutors issue these subpoenas for a legitimate purpose? The court finds they did not. There is substantial evidence the primary, if not sole, purpose is to harass and pressure Powell, either to bend to the president’s wishes or to resign, clearing the way for a Fed chair willing to do so.”

The ruling stemmed from a criminal investigation Pirro initiated in January this year, focusing on Powell’s testimony to the Senate Banking Committee in June 2025, with the probe centering on years-long renovation works at the Fed’s Washington headquarters.

Powell publicly disclosed the investigation in January, calling it an attack on the Fed’s independence.

Pirro stated last Friday the Justice Department would appeal to a higher court and called the ruling “shocking.” In a press conference she said: “This process has been arbitrarily sabotaged by a radical judge.” She accused Boasberg of placing himself at the grand jury’s gate, closing it against legal process and blocking the grand jury from carrying out its proper work.

If an appeal is filed, it could prolong Trump’s efforts to remove Powell from the Fed and replace him with his pick—former Fed governor Kevin Warsh. Republican senator Thom Tillis from North Carolina mentioned this on social media last Friday.

Trump also lashed out at Boasberg on Truth Social Sunday night, claiming he suffers from “the highest degree of Trump Derangement Syndrome,” and accused the judge of “targeting me and my team for years.”

In his ruling last week, Boasberg itemized multiple Trump social media posts criticizing Powell, as well as comments pressuring Powell on interest rates and suggesting someone else should replace him as Fed chair. Boasberg wrote: “In recent years, being regarded as the president’s opponent has become fraught with risk. In his second term, Trump has urged the Justice Department to prosecute such individuals, and Justice prosecutors have complied.”

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