Firing the BLS Commissioner Over a Weak Jobs Report
Trump fired the head of the federal agency that produces the jobs and inflation numbers on the day it published bad news for him, accusing her without evidence of rigging the data. The commissioner had no statutory protection from removal, but removing a chief statistician for unwelcome numbers attacks the independence of official statistics.
Record summary
Grade
Grade 2 of 5: Major Abuse of Power
International crime
No international crime alleged
Executive actions that exceed constitutional authority, circumvent statutory constraints, or weaponize government institutions for political ends. Scale and definitions
- Status
- Concluded
- Incident date
- Record updated
- Location
- Washington, D.C.
- Category
- Federal Dismantlement
- Legal posture
- Executive action
- ICC relevance
- No
- Sources
- 7 cited
- Stable ID
bls-commissioner-firing-jobs-data- Legal basis
- 29 U.S.C. § 3 (Commissioner of Labor Statistics holds office for four years 'unless sooner removed'); UN Fundamental Principles of Official Statistics (non-binding)
- Posture note
- The firing was an executive action that has not been challenged in court in the sources fetched. The statute gives the commissioner a four-year term but no protection against removal, so the firing itself was within the President's power. What is at issue is the stated reason: removal for publishing accurate but unwelcome data, accompanied by an unsupported accusation of fraud. Who leads BLS as of October 2026 was not established in this review.
- Victims
- Erika McEntarfer, removed from office; the independence and credibility of the US federal statistical system, on which public and private economic decisions depend
- Alleged responsible parties
- Donald Trump, Ordered the firing and publicly accused the commissioner of rigging data— White House
Key points
- On August 1, 2025, BLS reported 73,000 jobs added in July, against forecasts of 109,000, and revised May and June employment growth down by 258,000 (The Guardian; BBC). BBC reported it was the largest downward revision outside the Covid era since 1979.
- Hours later, Trump announced the firing on social media, claiming that McEntarfer had 'RIGGED' jobs figures 'to make the Republicans, and ME, look bad.' He told reporters: 'I believe the numbers were phony … so you know what I did? I fired her' (BBC).
- The Guardian reported it was the first time a president had fired the head of the bureau. McEntarfer had been confirmed near-unanimously in 2023, including with a vote from then-Senator JD Vance (BBC).
- Michael Strain of the American Enterprise Institute said McEntarfer had conducted herself with 'great integrity' and that 'by casting doubt on that, the President is damaging the United States.' Former Treasury Secretary Larry Summers called it 'what happens in authoritarian countries, not democratic ones' (BBC).
- An NBER working paper found that 'measures of economic policy uncertainty rose sharply' after the firing, 'consistent with the idea that reduced trust in official data increases uncertainty for investors, businesses, and households.'
- Trump nominated Heritage Foundation economist E.J. Antoni, a vocal BLS critic. The White House withdrew the nomination on September 30, 2025, after CNN's KFile reported on a since-deleted Twitter account he had operated (CNN).
What happened
The Bureau of Labor Statistics, inside the Department of Labor, publishes the monthly employment report and the consumer price index, among the most closely watched economic data in the world. On the morning of August 1, 2025, it reported that employers had added 73,000 jobs in July, against forecasts of 109,000. It also revised May and June down by 258,000 jobs (The Guardian; the BBC put the figure at 250,000). According to the BBC, it was the largest downward revision outside the Covid era since 1979. US stock markets were rattled that day, as Trump pressed ahead with higher import tariffs (BBC).
Hours later, President Trump announced on social media that he had fired Commissioner Erika McEntarfer, claiming she had "RIGGED" the figures "to make the Republicans, and ME, look bad." Leaving the White House, he said: "I believe the numbers were phony, just like they were before the election, and there were other times - so you know what I did? I fired her, and you know what I did? The right thing" (BBC). McEntarfer, a career government economist for more than 20 years, had been confirmed in 2023 near-unanimously, with support that included then-Senator JD Vance.
No evidence of manipulation was offered (NPR noted the President gave "zero evidence"). CNN reported that since 2003 the average monthly revision has been 51,000 jobs. The BBC reported that revisions are not unusual: during the Biden presidency, figures for 12 months over 2023-24 were revised down by 818,000 jobs, and analysts said the July changes, though much larger than usual, were consistent with other data showing a slowing economy. McEntarfer said the revisions came from businesses responding late to the survey (The Guardian). The Guardian also reported that, under cuts by the so-called Department of Government Efficiency, the bureau's staff had fallen 20 percent since January after hiring freezes and delayed onboarding.
The reaction crossed party lines. Michael Strain of the right-leaning American Enterprise Institute defended McEntarfer's integrity. The group Friends of BLS, whose members include two former commissioners, warned that politicising economic data "has destroyed public trust in all official statistics" where other governments have tried it (BBC). An NBER working paper used the firing as an event study and found that "measures of economic policy uncertainty rose sharply," consistent with reduced trust in official data.
Trump nominated E.J. Antoni, chief economist at the Heritage Foundation and a vocal BLS critic. The White House withdrew the nomination on September 30, 2025 (CNN).
Legal analysis
Rome Statute. No international crime is in play. The crime type is none.
Removal power. Under 29 U.S.C. § 3 the Commissioner of Labor Statistics "shall hold his office for four years, unless sooner removed." The statute contains no for-cause protection, so the President had the legal power to remove McEntarfer. The firing was not ultra vires.
Abuse of office. The grade turns on the purpose of the removal. The President's own words establish the reason: the numbers were unwelcome, and he accused the official of fraud without evidence. The UN Fundamental Principles of Official Statistics (endorsed by the General Assembly in 2014, non-binding) call for statistical agencies to work on professional grounds, free of political interference. Removing a chief statistician because the data are bad for the government inverts that principle. It also tells the statistician's successors what happens to a commissioner whose numbers displease the President.
Strongest defence argument. The commissioner serves at the President's pleasure, the President is entitled to lose confidence in an agency head, and the July revisions were unusually large. On this view, the firing was a management decision about a struggling agency. The defence fails on the record: the President did not cite methodology or management, he cited "rigged" numbers, and nobody has produced evidence for that. Any genuine concern about data quality is an argument for investment in the bureau, which had lost staff, not for removing its head on the day of a bad report.
Why this grade
Major. The major grade covers using government institutions for political ends, including retaliatory firings of oversight officials. Removing the head of the national statistical agency on the day it published unwelcome data, with an unsupported accusation of fraud, falls within it. It is not severe because no individual's human rights were violated beyond the loss of a position the statute did not protect. The harm is institutional: an NBER study documents a measurable rise in economic uncertainty. No international crime is in play, so the entry carries no warCrimeClassification.
International law engaged
| Instrument | Provision | What it protects or prohibits |
|---|---|---|
| UN Fundamental Principles of Official Statistics (UN General Assembly resolution 68/261, 2014) | — | Non-binding. Official statistics are to be compiled according to professional considerations and made available impartially; statistical agencies are to be protected from political interference. |
Sequence of events
-
Weak jobs report; commissioner fired the same day
BLS reports 73,000 jobs added in July and a 258,000 downward revision for May and June. Hours later, Trump announces he has fired Commissioner Erika McEntarfer, accusing her of rigging the numbers. Deputy Commissioner William Wiatrowski becomes acting commissioner (BBC).
-
Former commissioner rebuts the accusation
Former BLS Commissioner Erica Groshen tells NPR the firing is 'without any modern precedence,' and NPR notes the President gave 'zero evidence' for his claim.
-
McEntarfer speaks publicly
In her first public remarks since the firing, reported on September 17, at Bard College McEntarfer vouches for 'the accuracy and independence of the work of the agency up until the moment I was fired' and warns that 'firing your chief statisticians for releasing data you do not like has serious economic consequences' (The Guardian).
-
Antoni nomination withdrawn
The White House withdraws the nomination of E.J. Antoni as BLS commissioner and says another nominee will be announced (CNN).
Sources
- Trump fires lead official on economic data as tariffs cause market drop — BBC News
- Labor statistics chief fired by Trump sounds alarm over White House's 'dangerous' interference — The Guardian
- A former Bureau of Labor Statistics commissioner on the firing of BLS head — NPR
- The Value of Reliable Statistics (NBER Working Paper 35135) — National Bureau of Economic Research
- White House withdraws Trump's controversial nominee to lead BLS after ousting predecessor over jobs data — CNN
- Fundamental Principles of Official Statistics (A/RES/68/261) — UN Statistics Division
- 29 U.S. Code § 3 - Commissioner; appointment and tenure of office; compensation — Legal Information Institute, Cornell Law School