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 agencys deputy.
The officials called Trumps 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 agencys 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 CFPBs 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
Ligyron
(7,645 posts)This Trump needs to be deposed asap along with Pence and his cabinet picks.
Deliberate destruction of the Fed Gov.
lark
(23,199 posts)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,
PearliePoo2
(7,768 posts)We are SO fucked.
Thor_MN
(11,843 posts)Adding the phrase "amid confusion" to anything relating to the #FuckingMoron is really not necessary...
FBaggins
(26,793 posts)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)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)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.
KY_EnviroGuy
(14,502 posts)That is his night cap and PJs.
Thor_MN
(11,843 posts)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)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)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.
Hestia
(3,818 posts)Demit
(11,238 posts)I'm assuming Leandra English has the key
FakeNoose
(32,917 posts)n2doc
(47,953 posts)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.
FBaggins
(26,793 posts)Reportedly, he can hold both positions.
madville
(7,413 posts)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.