Silly Person Sues President Trump To Block Interim Appointment To Consumer Financial Protection Bureau

Someone had a major snit fit, and is going to look silly at the end

(Fox News) A federal official filed a lawsuit on Sunday challenging President Trump’s decision to appoint his budget director as interim director of a Consumer Financial Protection Agency, claiming Trump has no authority to make the appointment.

Leandra English, the official who was named the successor to the top position at the agency by its outgoing director, is asking for a declaratory judgment and a temporary restraining order to block White House budget director Mick Mulvaney from taking over the bureau.

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.

If that was the case, it would be amazing. We talk about unelected, unaccountable bureaucrats, but this would take the cake, where the POTUS would have no power to fill the top vacancy in an Executive office agency. It would perpetuate a complete insider agency, with zero accountability. And, wouldn’t this mean that the appointment of Richard Cordray by Obama was illegal? Well, no

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.

In fact, the Consumer Finance Monitor wrote in July

The Vacancies Act provides that its three ways are “the exclusive means” for filing a vacancy unless Congress has expressly provided by statute who should “perform the functions and duties of a specified office temporarily in an acting capacity” when a vacancy occurs or the President fills the vacancy through a recess appointment.  In general, the Vacancies Act permits a temporary appointment to continue for up to 210 days after the vacancy is created, with the time suspended when a nomination has been submitted to the Senate and confirmation is pending.

The Dodd-Frank Act provides that the CFPB “shall be considered an Executive agency, as defined in section 105 of title 5, United States Code.”….

It appears Congress did not expressly provide in Dodd-Frank for how a vacancy should be filled if the CFPB Director were to resign…

The Vacancies Act authorizes the POTUS to be able to appoint an interim director. That person must meet certain qualifications (as laid out in the Consumer Finance Monitor), for which White House budget director Mulvany fills the bill. Even the CFPB’s top lawyer agrees that President Trump is within legalities to appoint Mulvany as interim director.

This suit will certainly not help English in the future. Heck, Trump may have been thinking to interview her for the top job. You can bet that’s off the table.

Crossed at Right Wing News.

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4 Responses to “Silly Person Sues President Trump To Block Interim Appointment To Consumer Financial Protection Bureau”

  1. Jeffery says:

    When will these people realize that Papa Doc is the boss of America and what he says, goes! And the Big Banks own the GOP (and have a huge stake in the Dems!), and the Big Banks don’t like anyone standing between them and the next Great Recession, er… their customers.

    OMB head, Little Mick Mulvaney is no dummy and recognizes that the bowels of the GOP are about to explode unto working Americans by way of Tax Cuts for the Rich bill (remember when tRump was going to RAISE taxes on the rich and CUT taxes on the working classes, LOL… good days), so he’s looking for a place to land that will be popular with their dwindling “base” and the real bosses, The Banks. Little Mick will take a job with one of the Big Banks soon enough, and ironically, will be in a position to weaken the laws slowing the revolving door between The Banks, the Lobbyists and gov’t employees. Sweet!

    Every action taken by the DC GOP (and by most DC Dems) is to transfer income from the working classes to the leisure classes. tRump was elected to drain this swamp and to support the working classes… good campaign job, Don, good campaign job. Unfortunately for the working classes it’s not just business as usual, it’s worse now than ever. And the slide continues!

    Once the working classes realize that jobs, wages and benefits are more important than hunting down Mexicans and mocking Black athletes, a real revolution may occur.

    • Dana says:

      Jeffrey wrote:

      Once the working classes realize that jobs, wages and benefits are more important than hunting down Mexicans . . . .

      I guess that you still don’t get it: finding, arresting and deporting illegal immigrants is part of helping the working class with jobs, wages and benefits.

      • Jeffery says:

        finding, arresting and deporting illegal immigrants is part of helping the working class with jobs, wages and benefits.

        We understand why you believe that (FOX News and tRump) but there is precious little evidence to support that claim.

  2. drowningpuppies says:

    Mick Mulvaney showed up for work today at the bureau and stated that Leeandra English did not…

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