David Thompson (Cooper & Kirk) on What Can be Done about Operation Choke Point 2.0 (EP.412)

In this episode I sit down with David Thompson, managing partner at Cooper & Kirk. We cover the emergence of Operation Choke Point 2.0 and what recourse can be sought by the industry. In this episode:

  • Cooper & Kirk’s track record and reputation
  • The story of Choke Point 1.0 and how Cooper & Kirk helped end it
  • How was OCP 1.0 resolved?
  • Why Cooper & Kirk wrote their recent white paper on OCP 2.0
  • Differences between Choke Point 1.0 and 2.0
  • Inconsistencies in FDIC Chair Gruenberg’s Congressional testimony
  • Why David thinks that a complaint on due process grounds might be the best option for affected firms
  • Relevant constitutional protections
  • How OCP 2.0 might resolve
  • The fate of the SPDIs
  • Possible violations of the Administrative Procedures Act by the Fed
  • How SCOTUS might rule on this issue

Further reading: