Disturbing that potential CFPB and FDIC director reports directly to POTUS.
I’m curious how the General Counsel made that conclusion when the enabling legislation for the CFPB clearly says that English is acting director.
Some other court decision or law before CFPB that set precedent. Doesn’t make sense.
I see the Trump dumpster fire is still roaring along. What a frickin’ joke.
Run for office- the 2018 elections are less than a year away! And if Trump and Louie Gohmert can get elected what’s to stop a qualified candidate?
Become a Precinct Committee Officer, sometimes it’s a Ward officer. You’ll meet with neighborhood Dems and get out the vote. Find good citizens willing to run for office.
Register people to vote. If you need to help people overcome the GOP-led Voter run-around help them do that.
Run for School Board. Make sure Civics is being properly taught. Think a majority of America knows how government works? Just 26% of eligible voters in America voted for Trump and half of eligible voters stayed home last November. Today’s 12-year olds will be voting for President in 8 years.
Run for Mayor, City Council, County Commissioner, Borough Assembly.
Get appointed to your Planning Commission. Know everything going on in your community.
Run for State Legislature or Congress. The next census is in 2020, just over 2 years from now, when we redraw Congressional Districts.
And get rid of GERRYMANDERING! Safe GOP seats gave us such intellectual giants as Louie Gohmert and Steve King. In most cases it’s the state Legislature that draws Congressional boundaries. Make it FAIR, OPEN and HONEST! We can do this!
Overturn Citizens United. Money is NOT speech and Corporations are NOT people- at least not until Texas executes one, and overturn any voter ID laws that are clearly an attempt to disenfranchise the poor and people of color.
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“If you’re disappointed by your elected officials, grab a clipboard, get some signatures, and run for office yourself.”
-President Barack Obama
The CFPB was neutered under Obama and will be destroyed by Trump. Protecting the victims of contracts of adhesion and other bank abuse is a grand idea, but never had a chance.
This is just how pathetically stupid prez Full Diaper is- all of this would go away if he named a new head to the agency. But no, he’d rather tweet and get his panties in a twist and call out FAKe NEWS and confirm everyone’s suspicion he’s a deranged time bomb.
As am I, didn’t English consult him before filling the restraining order putting her head on the block?
I’m not practicing law anymore, this is not a legal opinion. But the general rules are that the law passed later in time will usually supersede a prior law that conflicts with it, and the specific trumps (yeah, I know) the general.
The CFPB legislation provides that the director appoints the deputy director; the Vacancies Act says the president does. The CFPB legislation is newer, and Congress is assumed to have known about the Vacancies Act provisions and still wrote the CFPB the way they did, meaning Congress meant that the president does not have the authority to overrule the law and refuse to let the deputy director take over, albeit temporarily.
The Vacancies Act is also a more general law designed to cover numerous fact patterns. The CFPB is specifically applicable to the CFPB only, and therefore it may be inferred that Congress intended this specific provision to be an exception to the Vacancies Act.
Since the CPFB has recovered $13 billion for consumers for fraudulent financial practices since it began operating, I don’t understand your “neutered” take. Are you saying they could have recovered significantly more?
All the more need then to keep the Board independent.
Try to keep some perspective. The important thing is that we were saved from the horror of a president who gave paid speeches to investment bankers and accepted the going rate.
Ms. English, you just STAND YOUR GROUNDS!
By law, Ms. English shall serve as acting director, in accordance to Dodd-Frank Act of 2010!
Congress on the other hand needs to step up and make this aspect of the law clear to this dotard of an administration.
Agree with this general reasoning.
-a retired attorney
Prediction:
This ends badly for the Trumpistas. No doubt Mulvaney will stay, and English will depart. But when she does, she’ll have no motivation to remain quiet–she’ll be loud, and the Dems (if they are not once again guilty of utter political malpractice) can play this right into the “rich assholes” meme that Mnuchin, Ross, Trump himself all embody.
Optics are terrible on this one. McConnell is shitting himself.
Who’s the real acting director?
Alexander Haig, I think.
I understand Mulvaney showed up this morning with Dunkin’ Donuts in hand.
I’ll bet you our dollars to his donuts that no amount of deep fried bribery will glaze over the rifts in this poor agency. The agency that was created to protect the consumer…the little guy…the working stiffs…the average Joe. You know…trump voters.
Sadly the neutering of all government agencies continues.
Can you imagine someone paying for a Trump word-salad to go with lunch? I mean, I can see it happening, just to curry favor with him, but not because any normal adult wants to hear anything that diaper stain has to say…
Legally - this boils down to whether the succession rules written into Dodd Frank re: CFPB override the Federal Vacancies Act and whether the wording in the Dodd Frank law meets the standard to enable a Judge to enforce it over Trump’s interpretation.
This should be an easy call in favor of English, but a Trumper friendly judge may play with the wording to narrow the ability of Congress to regulate the executive branch. Of course, that sets up a separation of powers issue, as Congress writes the laws and has successfully imposed succession changes, confirmation requirements on a number of exec branch departments in order to strengthen its oversight role. CFPB was also organized to create separation from exec branch influence so that should also play a role in the decision.
Yes. The 13 billion is chump change in relation to the amount swindled by the banksters every year. The CPFB tried hard, but hostility from the financial folks in the Obama administration was obvious. Trump and his gang of con artists take that hostility to a whole different level.
Banks can steal and steal and steal and few at the highest reaches of our government care. After all they are paid large donations by the rich and powerful and high paying jobs await civil servants who leave government.
This right here is a pretty weird situation.
I can’t recall any previous instance of this happening at a federal agency.
Hopefully there will be a preliminary ruling to clarify who is in charge while the lawsuit proceeds.
I’d rather that person was English, but even if the court sides with the administration, at least the employees will know who is in charge (at least for the time being).