Posted on 11/27/2017 4:51:48 AM PST by Kaslin
A Consumer Financial Protection Bureau official sued President Trump on Sunday over his appointment of Office and Management and Budget director Mick Mulvaney to serve as interim director of the agency.
Leandra English filed the lawsuit late Sunday to block Mulvaney from taking over the CFPB, and asked for a declaratory judgment by the United States District Court for the District of Columbia on the matter.
The federal official argues that the Dodd-Frank Act, a law championed by Democrats that created the Consumer Financial Protection Bureau, prohibits the White House from naming the director for the agency.
English, who is the deputy director of the bureau, said she became the acting director of the bureau under the law after Richard Cordray, the now-former director, resigned last Friday.
Cordray was appointed by President Barack Obama and has been the subject to criticism from congressional Republicans who said he was overzealous.
The White House argued in an opinion issued Saturday by the Justice Department's Office of Legal Counsel that it is within the president’s right to appoint an acting director. Steven A. Engel, newly confirmed head of the office, wrote that while the deputy director could serve as acting director under the statute, the president has the power to make appointments under the Vacancies Reform Act. (Fox News)
But English argues that provisions within the Dodd-Frank Act that lay out the agency’s line of succession override the Federal Vacancies Act.
“The president’s purported or intended appointment of defendant Mulvaney as Acting Director of the CFPB is unlawful,” the complaint reads, adding that the president’s use of the Federal Vacancies Act is “an obvious contravention of Congress’s statutory scheme” that “cannot be reconciled with Dodd-Frank’s mandatory language.”
White House Press Secretary Sarah Huckabee Sanders said the administration is aware of the lawsuit but there is no question the president was within his rights to appoint Mulvaney.
"The Administration is aware of the suit filed this evening by Deputy Director English," she said in a statement to CNN. "However the law is clear: Director Mulvaney is the Acting Director of the CFPB. Now that the CFPB's own General Counsel - who was hired under Richard Cordray - has notified the Bureau's leadership that she agrees with the Administration's and DOJ's reading of the law, there should be no question that Director Mulvaney is the Acting Director.
"It is unfortunate that Mr. Cordray decided to put his political ambition above the interests of consumers with this stunt. Director Mulvaney will bring a more serious and professional approach to running the CFPB."
The federal bureaucracy is an executive branch unto itself now. A fourth branch of government.
Trump needs to find out ASAP what dirty work Obama and his COS were up to in the Treasury. His only interest as prez was tapping into the US Treasury....and gaming asst agencies. Read on.
REFERENCE ---- OBAMA GAVE RHAM EMANUEL TWO KEY JOBS Soon as they occupied the WH, Obama placed his COS Rahm Emanuel in control of the US Dept of the Treasury (oversees the IRS).
PAUSE TO REFLECT First-term Obama had tight control of Treasury; Obama calculatedly placed his then-COS Rahm Emanuel in a dual role.......in the WH and at Treasury. Obama had a stranglehold on Treasury via COS Rahm Emanuel's dual role
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THE SMOKING GUN---WSJ REPORT--On Jan 20, 2009 Timothy Geithner was appointed Obama's Secy of the Treasury. But within three weeks, the Obama White House tightened its grip on Treasury. Obama put his COS, Rahm Emanuel, in charge of Treasury---Rahm Emanuel's dual role was an unusual move.
When he got to Treasury, WH COS Rahm Emanuel was so involved in the inner workings that the phrase "Rahm wants it" had become an unofficial mantra among subservient govt staffers, prostrate in obeisance, scurrying to accede to Rahm's wishes, according to Treasury government officials. Reported by WSJ / 05/31/09
More here: http://online.wsj.com/article/SB124113406528875137.html
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Pres Trump needs to direct AG Sessions to make an inquiry to the US Dept of the Treasury...... and be sure to ask what RAHM AND Obama were doing in the US Treasury after Obama got elected.
Treasury HAS a huge Rahm/Obama paper trail. One can get awfully rich awfully fast knowing the Fed's Treasury moves in advance.
But the Iran connection could prove to be even more interesting considering the hundreds of millions Obama secretly gave to Iran.
(b) DIRECTOR AND DEPUTY DIRECTOR.—And the Federal Vacancies Reform Act of 1998 says:
(1) IN GENERAL.—There is established the position of the Director, who shall serve as the head of the Bureau.(2) APPOINTMENT.—Subject to paragraph (3), the Director shall be appointed by the President, by and with the advice and consent of the Senate.
(3) QUALIFICATION.—The President shall nominate the Director from among individuals who are citizens of the United States.
"(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;"(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346;
Clearly the President can appoint an interim director.
The technique is as the man said....... Obstruction of Governance.
Obstruction of governance is essentially sedition, the attempt to overthrow the sitting government.
Trump definitely has the better legal end of this argument.
This is another example of the dems trying to run out the clock on the Trump agenda by cherry picking activist courts to file frivolous lawsuits in. They want to keep his policies from being implemented by tying them up in legal red tape.
I hope Mulvaney is at work this morning; and asking for resignations.
But who's paying the lawyer's bill..?? That's the big question.......
Now you see just how unaccountable the Marxist-Progressives intended the CFPB to be.
In addition to Dodd-Frank setting up internal self-succession of the chain of command, needing no new POTUS input once the first chairman was chosen (the chairman hand picks all the other officers under them), there is also:
no Congressional oversight whatsoever;
budget set by the CFPB itself with the right to just tell the federal reserve what funds it wants - and then gets;
scope & breadth of the CFPB mission set internally by the CFPB;
organization of the CFPB set internally by the CFPB.
It is a rogue agency and it’s part of Dodd-Frank should have been repealed lock, stock and barrel.
If Congress wants to pass some specific “consumer financial protection” regulation, and assign the regulatory oversight of that regulation to some federal agency, it is capable of doing so without the rogue CFPB.
************** Wonder if the CFPB is paying for her lawsuit? Liberals always get the taxpayers to pay for them.
Thanks for the informative post. Well done.
Let me get this straight. A bureaucrat in the Executive Branch sues the President who is, constitutionally, in charge of the Executive Branch claiming that the President doesn’t have the power to make appointments in the Executive Branch. An inmate trying to run the asylum. Madness.
The law firm gets, at the very least, 33% of whatever the settlement is plus expenses. On a one billion dollar settlement, that means 333 million dollars for the law firm which then channels huge amounts of that money back into demoniacRAT politicians' pockets. The rest is distributed to millions of plaintiffs who receive a check for something like $9.32.
All of these criminals who hate Free America are tiresome. Maybe it is time for dramatic measures to put an end to this nitwittery.
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