FTC’s Wilson Announces Plans to Resign, Citing Khan’s 'Abuses'
FTC Commissioner Christine Wilson announced Tuesday she will “soon resign,” citing Chair Lina Khan’s “disregard for the rule of law and due process.” Wilson said she has “failed repeatedly to persuade Ms. Khan and her enablers [senior FTC staff] to do the right thing, and I refuse to give their endeavor any further hint of legitimacy by remaining.” Commissioner Noah Phillips announced his resignation from the commission in August and finished his tenure early in October (see 2210140048). Wilson's term would expire September 2025.
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Wilson is the only remaining Republican on the commission, and Phillips’ successor hasn’t been named. Wilson said she and her staff since 2021 have “spent countless hours seeking to uncover [Khan’s] abuses of government power. That task has become increasingly difficult as she has consolidated power within the Office of the Chairman, breaking decades of bipartisan precedent and undermining the commission structure that Congress wrote into law.”
Khan issued a joint statement with Commissioners Rebecca Kelly Slaughter and Alvaro Bedoya: "While we often disagreed with Commissioner Wilson, we respect her devotion to her beliefs and are grateful for her public service," they said. "We wish her well in her next endeavor." The White House announced Slaughter's renomination Monday. Wilson in a series of tweets Feb. 2 said Khan’s decision not to recuse herself as judge from the agency’s in-house challenge of Meta’s purchase of Within Unlimited was an example of agency leadership flouting the rule of law and due process.
Three commissioners constitute a quorum, meaning the agency can still take official votes, despite not having a Republican member, said former FTC General Counsel Alden Abbott and former General Counsel Stephen Calkins.
Reaction to Wilson’s announcement was divided along party lines Tuesday. Khan is moving the FTC in “exactly the right direction,” Sen. Richard Blumenthal, D-Conn., told us: “I regret that [Khan’s] consumer advocacy seems antithetical” to Republican consumer protection goals.
It’s “frustrating” the Biden administration is “pursuing policy changes through rules and regulations instead of through legislation,” said Sen. Rick Scott, R-Fla. “I feel sorry for people who are trying to serve and do their jobs.” Sen. Roger Wicker, R-Miss., told us he has spoken to Republican leadership about naming replacements for Wilson and Phillips but said there’s “not much we can do with Lina Khan.” Even with two new Republican commissioners, “we’ll still be between a rock and a hard place,” he said.