"⌠there should be no question that Director Mulvaney is the Acting Director,â Sanders said. âIt is unfortunate that Mr. Cordray decided to put his political ambition above the interests of consumers with this stunt.â
Itâs this kind of thing that has upped my dosage of blood pressure medicineâŚand alcohol. Cordrayâs sole interest in this matter is the protection of consumers. Trumpâs sole interest is destroying the CFPB.
The CFPBâs lawyerâs opinion is just another legal opinion like that of any other lawyer. The only opinion that counts is that of the last judge to review the case.
Trumpâs sole interest, Mulvaneyâs sole interest, the sole interest of the entire fucking Republican Party is to do to the CFPB what Scott Pruitt is doing to the EPA.
Leave it to Sarah to up the ante by her sanctimonious snark. That woman is horrible and makes the rump administration even more odious than it is.
$5 says that McLeod has ÂŽ next to her name in voter lists.
Seriously, Iâve never seen a government lawyer turn around a definitive answer that quickly, and especially with half her memo basically instructing the team to ignore the law.
Government lawyers are normally much more cautious.
Wouldnât be the first time a lawyer has given mistaken advice. I know. Iâve done it myself.
âŚand what Tillerson is doing to State and DeVos to Education and Zinke to Interior and⌠ad nauseam.
Opinions, even legal ones, are like assholes. Everybodyâs got one.
Given that the CFPB statute was enacted after the temporary vacancy act and that it specifically provides that the Assistant Director remains until a new nominee is confirmed by the Senate, Iâm curious what the reasoning is here. The only thing I can think of is that it has something to do with Cordray waiting until the day he retired to elevate the acting assistant to be the actual assistant - I canât fathom why Cordray didnât do it well in advance of his retirement.
It is my understanding that, generally speaking, a specific federal law supersedes a general federal law.
So the Dodd-Frank language about the specific method that makes someone the acting head of the agency is the law that obtains, rather than the more general federal vacancies law.
Any lawyers here this a.m. who can be more specific?
The âwhyâ is easy-- he knew exactly what shenanigans they would pull if given the opportunity.
So thatâs why he didnât do it well in advance? That doesnât make any sense to me. Can you explain?
Pretty straight-forward. His legal reasoning for appointing his Deputy is based on his Absence, which he made happen early by moving up his departure to midnight of the same day.
Given a gap where he wasnât âabsentâ, that authority wouldnât apply, and Trump may have had the opening to appoint Mulvaney clearly and legally.
Iâm sure the legal-beagles here can correct me for any flawed logic applied.
Absolutely.
Well, children learn from their parents. She obviously learned well.
Experian sure doesnât want to be accountable for letting everyoneâs credit report get hacked.
CFPB lawyer, eh? My takeaway is that there must be a lucrative opening in Legal at the Mercatus Institute, Business Roundtable or other Corrupt Organization. Heâs headed down the golden road to The Revolving Door.
It think this is a close case, but I think the WH interpretation of the relevant laws is correct. The Dodd-Frank Act, which created the Financial Bureau, says that the Deputy Director becomes the Acting Director âin the absence or unavailability of the Director.â
Cordry argues that since he resigned, he is âabsentâ and thus the Deputy Director takes over temporarily. I can see the argument, but I donât think thatâs right. Cordry isnât âabsentâ: he is âgoneâ. I think that if Congress meant to cover the current situation, Congress would have added âresignedâ or âwhose term has expiredâ to the conditions. But it didnât.
I also think that those folks who are so strenuously arguing against the WH position should ask themselves how they would be arguing if the positions were reversed, and there was a Democrat in the WH, and a right wing Republican was trying to dictate his temporary successor to a position in the Executive Branch.
Perfectly Orwellian.
TheRealLucifer is proud of his ministerâs daughter.