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mahatmakanejeeves

(57,738 posts)
Mon Nov 27, 2017, 06:50 PM Nov 2017

Trump's pick for consumer watchdog bureau orders freeze on hiring and rule-making

Source: Washington Post

Business

Trumps pick for consumer watchdog bureau orders freeze on hiring and rule-making

By Renae Merle November 27 at 4:30 PM

White House budget director Mick Mulvaney said he ordered a 30-day hiring freeze and a delay of rule-making and other actions at the Consumer Financial Protection Bureau on his first day as boss of the consumer watchdog.

Whether he remains in charge that long remains unclear. A day earlier, the agencys chief of staff Leandra English filed suit claiming she is the rightful acting director in the wake of former director Richard Cordrays departure.

Leadership of the agency was thrown into doubt last Friday when Cordray stepped down as CFPB director and said English would temporarily replace him. A few hours later, Trump named Mulvaney, the Office of Management and Budget director and a longtime critic of the CFPB, to the job.
....

In the meantime, the legal limbo could threaten the validity of any decisions made by Mulvaney or English in the coming days, legal experts have said. ... People are being investigated by the CFPB all the time, said Alan Kaplinsky, head of the Consumer Financial Services Group for law firm Ballard Spahr. But any firm thinking about settling with the agency now faces a significant question, he said. Are you settling it with Mulvaney? Are you settling it with English? ... Its going to create absolute chaos. You are not going to be able to settle anything, he said.

Spencer S. Hsu, Steven Mufson and Thomas Heath contributed to this report.

The Washington Post wants to talk to CFPB employees about the news today. To contact a reporter, please email renae.merle@washpost.com, or reach out via Twitter or Signal.


Renae Merle covers white collar crime and Wall Street for The Washington Post. Follow @renaemerle

Read more: https://www.washingtonpost.com/news/business/wp/2017/11/27/at-the-cfpb-two-acting-directors-show-up-to-take-command-one-brings-doughnuts-the-other-well-wishes/

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Trump's pick for consumer watchdog bureau orders freeze on hiring and rule-making (Original Post) mahatmakanejeeves Nov 2017 OP
All standard for the GOP. guillaumeb Nov 2017 #1
anti-American bastard Matthew28 Nov 2017 #2
If only he'd backdate that order just one day. marble falls Nov 2017 #3
A swift republican ream-job for American consumers Achilleaze Nov 2017 #4
He's there to protect the banks from those evil consumers. nt TeamPooka Nov 2017 #5
Leandra English needs to Mr.Bill Nov 2017 #6
I'm sorry, but, under whose authority is he even being allowed to enter the building? DRoseDARs Nov 2017 #7
yep....we gotta stop this shit right now.... dhill926 Nov 2017 #8
Staff doesn't get to interpret the law for themselves. FBaggins Nov 2017 #10
Like a man with 2 clocks is never sure DeminPennswoods Nov 2017 #9
 

DRoseDARs

(6,810 posts)
7. I'm sorry, but, under whose authority is he even being allowed to enter the building?
Mon Nov 27, 2017, 09:46 PM
Nov 2017

He's. Not. The. Director. Plain and simple, the people who ostensibly work under English need only physically block him from entering. He has no authority to tell them jack and they ALL know it. The relevant law, that they have jobs under, states in plain English that *ahem* English is their boss and until the Senate confirms someone and until then Mulvaney can go pound dirt. Why are staff allowing him to pretend like he's their boss?

FBaggins

(26,789 posts)
10. Staff doesn't get to interpret the law for themselves.
Tue Nov 28, 2017, 11:43 AM
Nov 2017

The government's position (from the Justice Department's Office of Legal Council) is that she isn't the acting director and the CFPB's own internal legal authority says the same thing (and isn't backing her in her personal lawsuit). Absent a court ruling disagreeing with that, what choice do they have? They don't get to substitute their own legal opinions.

Also - this isn't so much an issue of what one law says... it's how you interpret facially conflicting statutes. One that says that the President gets to appoint interim replacements and the other that says that the deputy director takes over as acting director. The legal theories that we've seen most frequently here argue for common ways of resolving that apparent conflict (the latest and most specific law gets preference)... but those may not be relevant. Last year the 9th circuit ruled in a similar situation that the laws don't have to be read as conflicting at all... that they should be interpreted to provide two valid paths for the President to fill the vacancy - and they just let President Obama pick which one he wanted to use.

I'm not a fan of what Trump will make of the CFPB... but I also don't see what the fuss is about. Whether we agree with one interpretation or the other, we can't deny that the President gets to pick the permanent director and we know that we can't filibuster that selection. By the time the case was over it would be moot anyway.

DeminPennswoods

(15,295 posts)
9. Like a man with 2 clocks is never sure
Mon Nov 27, 2017, 10:58 PM
Nov 2017

exactly what time it is, a man with 2 full time jobs will never be sure what's going on in either place.

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