Who would be doing the shielding? The current US government has been operating under the assumption of an incredibly expansive executive power, even over "independent" agencies.
I'm not a legal expert at all but so far the most useful mental model has been to assume absolutely no one is shielded from executive power (including organizations and people entirely outside the federal government) unless the courts have delivered a final ruling on it.
How would a final court ruling shield someone from executive power? The court relies on the executive to enforce its decisions. They can find a person in contempt, and order fines or jail time until that person complies, but I believe the orders are then enforced by U.S. Marshals, who are executive appointees.
The president nominates the SEC chair, and can fire him.
This explains how, written just before Trump assumed power:
While he can't force Gensler to step down as a commissioner at the U.S. Securities and Exchange Commission, he can name a new interim SEC chair as soon as he's inaugurated on Jan. 20. He can also nominate a new commissioner to the Senate, which has to confirm the pick.
If you’re POTUS or closely related to POTUS with access to sweeping information about erratic tariff policies that actual do shift entire markets index funds index against, why couldn’t you?
In general I think you’re correct because the “inside” information is typically not as broad or powerful. But I don’t think we live in general times. If POTUS gave me personally a heads up about such adjustments on tariffs, after watching indexes tumble after announcing them, and knowing the opposite direction, I would dump almost everything I had access to in such stocks largely effected by reevaluation from tariffs.
Knowing major policy shifts before they happen from one of the powerful governments in the world is useful information, especially when the policies are being set by a handful of people who can limit access to knowledge escaping even more than regularly so markets don’t adjust from larger sets of insider information.
Now is it really considered “insider” trading in this case? Probably not, and this administration can get away with anything it seems.
That's the whole point. It CANNOT have been someone inside all 500 companies. It wouldn't make much sense because those companies did not do anything at the time. It was president Trump's tweet that moved the market. So it can only have been someone that new of Trump's announcement hours before he made that announcement.
In this administration they will be fired for cases Trump doesnt like. Who would protect their independence, Congress? The house members will not oppose any trump policy unless the US is in a depression due to his action
SEC is a federal agency so falls under the Executive which is controlled by Trump. Trump will fire any SEC employee who investigates the "wrong" people and install a loyalist in their place.
This is the truth, they have been recently divesting of anyone who wants to prosecute for white collar crime. The next four years will see at least one trillionaire because he/she will be able to game the system without any barriers because the sheriff is also the criminal.
I agree, at this point. There is of course voter agency in 2 years.
Of course lots of voters (specifically the ones that voted for this) are pretty happy with the way things are going. So any kind of blowback is uncertain at best.
If the population were genuinely interested in removing Trump, they could elect 60 democrats to the senate and a house majority, then impeach. But again, a healthy chunk are happy, and a lot if the rest can't vote Democrat for social / tribal reasons.
But make no mistake, he operates above the law because the people think it's OK. They alone have the power to remove him.
tdb7893|10 months ago
I'm not a legal expert at all but so far the most useful mental model has been to assume absolutely no one is shielded from executive power (including organizations and people entirely outside the federal government) unless the courts have delivered a final ruling on it.
mjd|10 months ago
This is a serious question. What have I missed?
pulisse|10 months ago
In the past month the SEC has stopped most enforcement actions involving crypto.
hurtuvac78|10 months ago
This explains how, written just before Trump assumed power:
While he can't force Gensler to step down as a commissioner at the U.S. Securities and Exchange Commission, he can name a new interim SEC chair as soon as he's inaugurated on Jan. 20. He can also nominate a new commissioner to the Senate, which has to confirm the pick.
https://www.coindesk.com/policy/2024/11/07/heres-how-quickly...
And Gensler resigned as Chair as soon as Jan 20th:
https://www.sec.gov/newsroom/press-releases/2025-29
dboreham|10 months ago
jibal|10 months ago
Such an expectation was rational prior to 2025-01-20. Since then it's been completely counterfactual.
hattmall|10 months ago
Frost1x|10 months ago
In general I think you’re correct because the “inside” information is typically not as broad or powerful. But I don’t think we live in general times. If POTUS gave me personally a heads up about such adjustments on tariffs, after watching indexes tumble after announcing them, and knowing the opposite direction, I would dump almost everything I had access to in such stocks largely effected by reevaluation from tariffs.
Knowing major policy shifts before they happen from one of the powerful governments in the world is useful information, especially when the policies are being set by a handful of people who can limit access to knowledge escaping even more than regularly so markets don’t adjust from larger sets of insider information.
Now is it really considered “insider” trading in this case? Probably not, and this administration can get away with anything it seems.
spwa4|10 months ago
rco8786|10 months ago
daedrdev|10 months ago
vkou|10 months ago
klipt|10 months ago
EasyMark|10 months ago
solardev|10 months ago
[deleted]
bruce511|10 months ago
Of course lots of voters (specifically the ones that voted for this) are pretty happy with the way things are going. So any kind of blowback is uncertain at best.
If the population were genuinely interested in removing Trump, they could elect 60 democrats to the senate and a house majority, then impeach. But again, a healthy chunk are happy, and a lot if the rest can't vote Democrat for social / tribal reasons.
But make no mistake, he operates above the law because the people think it's OK. They alone have the power to remove him.
irrational|10 months ago