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DonViejo

(60,536 posts)
Sat Nov 25, 2017, 11:01 AM Nov 2017

White House says Trump authority is supreme in agency fight

Last edited Sat Nov 25, 2017, 12:01 PM - Edit history (1)

Source: The Hill



BY SYLVAN LANE - 11/25/17 09:51 AM EST

Senior White House officials insisted Saturday that President Trump is legally allowed to appoint an acting director for the Consumer Financial Protection Bureau over the agency’s deputy.

The officials called Trump’s appointment of Office of Management and Budget Director Mick Mulvaney to lead the CFPB “a typical, routine move” in line with years of precedent.

Trump appointed Mulvaney last night to serve as acting director of the CFPB hours before former director Richard Cordray left the agency. Cordray promoted his chief of staff Leandra English to the deputy director position before leaving. The conflicting appointments mean there are two people who can claim to be the acting director of one federal agency.

The Dodd-Frank Act of 2010, which established the CFPB, calls on the agency’s deputy director to serve as acting director until the president appoints and the Senate confirms a permanent replacement. But senior administration officials said Saturday that the Federal Vacancies Act of 1998 empowers Trump to override the CFPB’s line of succession with his own pick. The officials spoke to reporters during a Saturday call under the condition of anonymity.

Read more: http://thehill.com/policy/finance/361778-white-house-calls

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Ligyron

(7,645 posts)
1. Another fox guarding the hen house disaster.
Sat Nov 25, 2017, 11:10 AM
Nov 2017

This Trump needs to be deposed asap along with Pence and his cabinet picks.

Deliberate destruction of the Fed Gov.

lark

(23,199 posts)
2. Calling on Liz Warren and Dems to sue him.
Sat Nov 25, 2017, 11:39 AM
Nov 2017

He will lose once again. He doesn't give a shit about laws, it's his way or the highway, in that perverted little tiny orange brain,

 

Thor_MN

(11,843 posts)
4. Would not 2010 legislation supercede 1998 legislation?
Sat Nov 25, 2017, 12:01 PM
Nov 2017

Adding the phrase "amid confusion" to anything relating to the #FuckingMoron is really not necessary...

FBaggins

(26,793 posts)
18. It could... but it might not
Sun Nov 26, 2017, 05:50 AM
Nov 2017

The most recent ruling (DC circuit about a year ago) was that the CFPB's structure (specifically the independence of the director from the White House and Congress) was unconstitutional... and that the President could sack the director at will.

sandensea

(21,720 posts)
6. That's him to a tee. He thinks he's the State.
Sat Nov 25, 2017, 12:53 PM
Nov 2017

He'll probably die of gout like Henry VIII, with his family embroiled in a battle royale over the ill-gotten loot..

NastyRiffraff

(12,448 posts)
8. He wishes
Sat Nov 25, 2017, 12:59 PM
Nov 2017

He wants to be King/Dictator. He's already a tyrant. We need to hit him on multiple fronts: Congressional Democrats, U.S. judges, and most importantly, us, taking to the streets.

 

Thor_MN

(11,843 posts)
7. #FuckingMoron thinks he is the CEO. Too stupid to understand that he is bound by laws.
Sat Nov 25, 2017, 12:57 PM
Nov 2017

He does not get to make rules, he executes them.

He can appoint a permanent replacement, but until Senate confirmation, English is the acting director.

Calista241

(5,586 posts)
9. So, Trump is ultimately going to appoint next director correct?
Sat Nov 25, 2017, 01:11 PM
Nov 2017

He just has to wait for Senate approval. And they could push that through in 2 weeks if they wanted to.

Regardless, by appointing Mulvaney, Trump has effectively hamstrung Leandra English from making substantive decisions until this is resolved.

Trump is still a douchebag fucktard regardless, and it's a true travesty what this administration is going to do to this agency.

avebury

(10,953 posts)
10. His authority is not supreme and all powerful. This country was not
Sat Nov 25, 2017, 01:18 PM
Nov 2017

established as a dictatorship. The time has come for the Democrats to go hard core against the Republican Party and Republicans in Congress and tie Trump around their scrawny necks to suffocate the life out of them. Stop being nice and bring out the political napalm and nukes.

 

Demit

(11,238 posts)
11. Oh Jeez. Is this going to be a matter of who shows up to the office first on Monday?
Sat Nov 25, 2017, 01:51 PM
Nov 2017

I'm assuming Leandra English has the key

n2doc

(47,953 posts)
14. What Drumph sez means little
Sat Nov 25, 2017, 02:28 PM
Nov 2017

What the courts say means everything.

I find it interesting that he is willing to take his point man on Tax cuts off the job for this fight. He must be confident in the Turtle and Eddie Munster delivering the bill to him.

madville

(7,413 posts)
17. The Federal Vacancies Act of 1998 says he has the authority and here is the catch
Sat Nov 25, 2017, 09:16 PM
Nov 2017

He picked Mulvaney because he has already been confirmed by the Senate, albeit narrowly and to a different agency. The FVA of 1998 says he can appoint anyone who has already been approved by the Senate to a different open position.

Dodd-Frank says the deputy takes over in the absence of the director, Trump just appointed another director that has already been passed through the Senate (in their argument making him immediately available to be appointed under the provisions of the FVA of 1998).

It could easily be interpreted that the deputy acts as director until the President makes an appoint with the advice and consent of the Senate. The FVA of 1998 gives the President authority to immediately appoint someone as an agency director if they have already passed the Senate, even if for a different position.

I'm not sure how this one will settle out. If deemed necessary, the Senate will likely re-approve him for the position anyway, long before any final determination is reached by the courts.

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