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."
There is a specific cure for Quislings...
Tell me the dots between 'the dead fish guy' and the Iranian deal... I'm missing on this one...
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REFERENCE--THE Obama/Rahm MO---a reckless US Treasury plan called the Troubled Asset Relief Program (TARP), Obama’s disastrous initiative to rescue the nation’s ailing financial institutions.
EXCERPT---FOURTEEN TRILLION DOLLARS Behind The Real Size of the Bailout; A guide to the abbreviations, acronyms, and obscure programs that make up the $14 trillion federal bailout of Wall Street
SOURCE motherjones.com --- Mon Dec. 21, 2009 12:23 PM PST
The price tag for the Wall Street bailout is popularly put at $787 billion—---the actual size of TARP--the Troubled Assets Relief Program. But TARP is just the best known program in an array of more than 30 overseen by Treasury Department and Federal Reserve that have paid out or put aside untraceable money to bail out financial firms and inject money into the markets.
To get a sense of the size of the real $14 trillion bailout, see MJ chart at web site. A guide to the pieces of the puzzle includes massive untraceable Treasury Department bailout programs.
Money Market Mutual Fund: In September 2008, the Treasury controlled by Obama/Emanuel announced that it would insure the holdings of publicly offered money market mutual funds. According to the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), these guarantees could have potentially cost the federal government more than $3 trillion [PDF].
Public-Private Investment Fund: This joint Treasury-Federal Reserve program bought toxic assets from banks and brokerages—as much as $5 billion of assets per firm. According to SIGTARP, the government's potential exposure from the PPIF is between $500 million and $1 trillion [PDF].
TARP: As part of the Troubled Asset Relief Program, the Treasury controlled by Obama/Emanuel made loans to or investments more than 750 banks and financial institutions. $650 billion has been paid out (not including HAMP; see below). As of December 21, 2009, $117.5 billion of that has been repaid.
Government-sponsored enterprise (GSE) stock purchase: The Treasury controlled by Obama/Emanuel bought $200 million in preferred stock from Fannie Mae and another $200 million from Freddie Mac [PDF] to show that they "will remain viable entities critical to the functioning of the housing and mortgage markets."
GSE mortgage-backed securities purchase: Under the Housing and Economic Recovery Act of 2008, the Treasury controlled by Obama/Emanuel may buy mortgage-backed securities from Fannie Mae and Freddie Mac. According to SIGTARP, these purchases could cost as much as $314 billion ---SNIP---.
LONG READ---go to web site to read more and checkout the shocking financial charts.
SOURCE http://motherjones.com/politics/2009/12/behind-real-size-bailout
sundance, at The Conservative Treehouse, has done an excellent job of covering this move, by PDJT, since day one. Here are the very thoroughly written article’s links....
Meant to ping you to my post #24
Thanks for the links.
These laws also were used by some private industry employers to keep people unfamiliar with dealing with them out of qualification for jobs. Job ads for certain jobs would say must be familiar with naming this or one other piece of legislation that had Congress members names on it.
Thank You
Trump may have the legal argument, but it will be judge shopped in the DC court and find a judge that will say the President doesn’t have the authority to name a replacement.
How can the Dodd-Frank act override the Constitutional authority of the President to appoint heads of departments under control of the Executive branch?
Wow. It must have been some bill.
Mulvaney is kicking ass at his press conference now.
I am listening/watching as I type
His digs are wonderful! Thinks quickly.
He said English wants to be “independent”. She’s meeting with Schumer and Warren today. It makes you wonder how “independent” she really wants to be. Independent from Trump.
Yep, Mulvaney impressed the hell out of me in that press conference. Trump knew what he was doing when he appointed Mulvaney to take it on as a “second job”.
Can you imagine meek Sessions instead of Mulvaney? He’d be “recusing” himself from all decisions.
Members of The Swamp want to be able to hand power to other members of The Swamp.
Trump can just get rid of it.
I hope Trump shuts down this entire department. Waste of money....
ENFORCE existing laws thru the DOJ & you do NOT need another entity to do anything.
My understanding is that across Europe and the British commonwealth, the Executive gets to decide who heads his various agencies. The consequence of winning an election.
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