“Yes, we have no bananas! We have no bananas today
We’ve coconuts and doughnuts and some nuts like no nuts
And walnuts that passed away.
We’ve got some large Filberts and Brazils, called Gilberts and Basils
But, yes, we have no bananas. We have no bananas today!”
– Frank Silver and Irving Cohn (1923 song)
Day 20 and no sign of slowing
Welcome back and happy new year! We’re only three weeks into 2026 and it’s already proving to be a consequential year, with no sign of slackening the pace of the Trump Administration’s revolution. Abroad the Administration effected what appears to be a “coup de main” in Venezuela, made a coercive offer to buy Greenland, and threatened Iran. (See the Thematic Edge interview with Dr. David Kilcullen for unique insights into the Venezuelan operation and its implications.) At home its increasingly muscular immigrant deportation program is drawing both violent protest and states’ rights counter actions, while a Trump-appointed US Attorney subpoenaed the Federal Reserve over alleged inaccuracies in Chairman Jerome Powell’s testimony on cost overruns, provoking an outcry over threats to central bank independence.
Bananastan? Banana republic? Or both?
The US appears to be going bananas. So say the political and market commentariat that have described the legal investigation into the Federal Reserve as “banana republic” politics. I’ve been likening the US to “Bananastan” for some years now, but have been far more worried about its potential to generate the civil strife we now see. Civil violence and related conflict between states and the US federal government are complex, nuanced subjects that I have tackled in previous research at Thematic Markets, including this free post. Here, I would like to focus on the legal investigation into the Federal Reserve, whose underlying causes are related to the broader domestic conflict but relatively less complicated and I think likely misinterpreted. Put another way, where the Fed is concerned, I think “We’ve coconuts and doughnuts and some nuts like no nuts… But, yes, we have no bananas, today.”
Skepticism does not equal endorsement
I am a natural if unintentional contrarian and nothing makes me more nervous than being in an overwhelming consensus, especially one that quickly coalesces. While I generally subscribe to Occam’s Razor – the simplest explanation is most likely the answer – snap judgements by crowds often reflect narrative bias rather than reasoned distillation of the facts, which may not be fully known initially. In the Trump era, narrative bias usually aligns against President Trump making my natural instinct to question that consensus appear to be endorsement of policies rather than an effort to make sense of them. To be clear, I think that the actions of US Attorney for the District of Columbia, Jeanine Pirro, were, to use a baseball term, and unforced error that the Trump Administration will regret if it does not already. That said, I also think the universal condemnation of US Attorney Pirro’s subpoena and assumption that it represents an attempt at coercion most likely are wrong.
Just the facts, ma’am
As with any politically charged issue – as everything seems to be now – it is important to start with the facts and, importantly, caveat that these are those publicly available as of my writing, which could easily be obviated or contradicted by the time you read this amid the frenetic pace of the Trump Administration:
- In a video released by the Federal Reserve a week ago, Chairman Jerome Powell disclosed receipt of US Attorney Pirro’s grand jury subpoena “threatening criminal indictment” related to his June Congressional testimony regarding cost overruns in renovations to the Fed’s three Washington buildings. He acknowledged that no one “is above the law” and denied any wrongdoing, but explicitly cast the subpoena as “political pressure or intimidation” to push the Fed to lower interest rates.11
- US Attorney Pirro responded on X, agreeing “that no one is above the law,” but pushing back that the only person using the word “indictment” is Chairman Powell, that the grand jury subpoena was “not a threat,” and was issued only after multiple requests for information by her office for information related to the testimony were ignored by the Federal Reserve.22
- No indictments, sealed or unsealed, have been filed. The Federal Reserve has subsequently confirmed that they did receive requests for interviews from a Justice Department special counsel on 19 and 29 December and that neither email mentioned a criminal investigation, potential subpoena, or gave a deadline for response.33
- The underlying issue is Chairman Powell’s denial in his June testimony that the renovations included “luxury” features like private dining rooms, a private elevator for the governors, a vegetated roof terrace, and marble fountains, yet the Fed’s publicly filed plans at the National Archives feature these inclusions.44
- Initial calls for investigation into Chairman Powell’s testimony did not come from the Trump Administration. Immediately following his testimony an unexpectedly viral, non-partisan complaint by Dartmouth College professor, Andrew Levin – a former colleague of mine at the Federal Reserve Board –called the discrepancies in his testimony “egregious” and urged “Senate censure.”55
- Director of the Federal Housing Finance Agency, Bill Pulte, a Trump appointee, had been encouraging criminal investigation for months, and was the original source for an investigation into Governor Lisa Cook. But US Attorney Pirro, also a Trump appointee, has stated she has never met Mr. Pulte and began her own investigation in the Fall based on news reports of the discrepancies in Chairman Powell’s testimony. Both she and Justice Department officials confirm that her investigation and the decision to subpoena the Fed were taken at her discretion without the knowledge of either the Attorney General or the White House.66
- Treasury Secretary Scott Bessent, who reportedly nearly came to fisticuffs with Director Pulte in part over his push for a criminal investigation of Chairman Powell, thought until Secretary Powell’s video statement that all investigations had been quashed in September. He was reportedly furious to learn about the subpoena and made his displeasure known to the President.77
- President Trump was reportedly nonplussed but said in a television interview “I don’t know anything about [the investigation]” and when asked if it was intended to pressure Chairman Powell to cut rates said, “No. I wouldn’t even think of doing it that way,” adding “what should pressure him is the fact that rates are far too high.”88
Making sense of the chaos
Keeping in mind that everyone cited above has either a political agenda or hide-saving incentive (or both), how do we make sense of the facts as they are currently known? I see five potential explanations:
- Stupidity, irrationality, incompetence, or some combination thereof.
- Petty vindictiveness.
- Populist anger at undemocratic bureaucratic rule and elites’ abuse of privilege.
- Perceived advantage in delegitimizing the Fed or its current leadership that outweighs its cost.
- A Thomas à Becket problem: “Won’t someone rid me of this turbulent priest?”
An unforced error
Whatever the reason, it seems that the subpoena of the Fed was an unforced error. Arguably, President Trump’s rhetorical campaign against Chairman Powell was succeeding: the Fed cut three times in the second half of 2025 and projects more in 2026, despite both data and their own forecasts strengthening amid arguably full employment. Pursuing charges against Chairman Powell risked – and has manifest as – a shift to defiance backed by martyrdom on Capitol Hill that may delay both further rate cuts and President Trump’s ability to appoint a replacement.
“Stupid is as stupid does”
Yet, I am doubtful that this unforced error reflects stupidity or irrationality. The movie character Forrest Gump repeatedly succeeds where “smart” people around him fail through consistent morality and courage, giving meaning to the movie’s tagline “Stupid is as stupid does.” President Trump’s blunt talk, feigned irrationality, bullying and cajoling represent an inversion of Forrest Gump’s method, but the results are the same. Like a cat with nine lives, President Trump always seems to land on his feet while his opponents crash to the ground, one after the other. Whether “stupid is as stupid does” or “crazy like a fox,” Occam’s Razor and probability theory suggest the President is neither stupid nor crazy.
Vindictiveness versus misaligned incentives
He does display remarkable vindictiveness, and coincidentally or not, he reportedly exhorted his US Attorneys to more aggressively pursue his political enemies the week before the Fed subpoena was issued.99 Yet, he also has shown the ability to bury the hatchet when it aligns with his objectives, and as noted above pursuing charges against Mr. Powell before his term as Chairman ends in May makes little sense. Thus, while I can’t dismiss presidential pettiness as the source of the subpoena, it isn’t a leading contender in my view.
What if Powell is guilty?
While he should be presumed innocent until proven otherwise, it is possible Chairman Powell is guilty of perjury before Congress. I worked closely with Andy Levin years ago and would be shocked if his complaints were not both well researched and honest. While Fed independence may supersede blind justice in the eyes of the former Fed Chairs, Treasury Secretaries and economic advisors that immediately decried the subpoena, holding unelected bureaucrats to account is a central plank of the MAGA movement and, amid the ongoing Epstein fallout, the Trump Administration can ill afford to ignore credible allegations of impropriety by a senior federal appointee. This is a far more credible motive to me than either pressuring the Fed to cut rates or vindictiveness. But again, why not wait until May? Politically, that would make the story about holding a powerful bureaucrat to account rather than sacrificing Fed independence.
Big game requires a big gun
In my last Seriously, Marvin?!, I proposed that markets (and Washington) greatly underestimate the aims of the Administration’s Fed takeover and thus its importance. The goal is complete reform of the Federal Reserve system and bank regulation. I noted that much of that can be done just by taking command of the chairmanship and a few governorships at the Federal Reserve Board, but to pursue their full agenda they will need to align the Federal Reserve Bank presidents, and to make permanent, they likely will need Congressional action. Discrediting the institution and its senior leadership may be seen as a means of forcing resignations and precipitating Congressional action. That would be incredibly risky, but as I’ve repeatedly noted, President Trump displays immense capacity for risk. However, I think the facts suggest a far simpler explanation.
The Thomas à Becket problem
When I was a political appointee in the Bush Administration, I puzzled why the Administration pursued actions that I knew most of the Cabinet opposed and the President likely would too if anyone explained its consequences. An old grizzled civil servant who had worked in both the State and Treasury Departments under multiple administrations explained it to me as the “Thomas à Becket problem.” Knights rush to do what they perceive the King wants, even if he may not. Thus, when King Henry II of England pondered aloud “Won’t someone rid me of this turbulent knight?” four of his knights forthwith assassinated Thomas à Becket, the King’s old friend who had challenged royal authority once Henry appointed him Archbishop of Canterbury.
Taking matters into her own hands
Based on the facts at hand, this seems the most likely explanation of what happened. US Attorney Pirro saw in accusations of wrongdoing an opportunity to seize royal favor. The President’s own rhetoric and exhortation to act against his enemies combined with MAGA zeal to pursue bureaucratic abuse reinforced her perception that she was doing the President’s bidding. It also explains why she didn’t keep the Justice Department informed of her investigation – why share the glory? – and thus why Secretary Bessent, Attorney General Bondi and President Trump were caught unaware. It’s not that I trust them to tell the truth, it’s that their denials best fit my experience of organizational behavior and their individual incentives, just as Chairman Powell’s rush to frame the investigation as politicization of justice fits his incentives.
Hairshirt penance?
Henry II paid a steep price for his ill-advised musings aloud and the consequent actions of his knights. He had to publicly submit to a penitent “perp walk” in an itchy hairshirt and to be beaten by Canterbury’s monks. More substantively, he had to abandon his push for greater royal control over the Church. Secretary Bessent reportedly worries that President Trump will face the same fate in delayed control of the Fed and higher market yields for the “banana republic.”1010 The best path to avoid Henry II’s fate is to appoint a Fed chairman that markets will respect while leaning into US Attorney Pirro’s defense that no charges have been filed but Chairman Powell has something to hide. The latter avoids escalation without admitting error. The former reaffirms my case that Kevin Warsh will by nominated as chairman.
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