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Federal judge holds emergency hearing in challenge to Trump pick to head Consumer Agency


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A federal judge held an emergency hearing but declined to rule immediately Monday afternoon on a request to bar President Trump from installing an acting director at the Consumer Financial Protection Bureau in place of the agency’s No. 2 leader, an Obama administration holdover.

 

U.S. District Judge Timothy J. Kelly of Washington heard arguments by the bureau deputy director Leandra English, who filed a lawsuit Sunday calling herself the “rightful acting director” according to a 2010 Dodd-Frank act, which established the influential watchdog agency.

 

https://www.washingtonpost.com/local/public-safety/federal-judge-holds-emergency-hearing-in-challenge-to-trump-pick-to-head-cfpb/2017/11/27/9a79cd82-d3ac-11e7-a986-d0a9770d9a3e_story.html?utm_term=.b19ec478e644&hpid=hp_hp-top-table-main_cfpb-950pm%3Ahomepage%2Fstory

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11 hours ago, PaintMyHouse said:

Not in there, and fine,

Of course it is.   But you've never read the Constitution, have you?

It's called a recess appointment.   

Congress was not in session, and Trump appointed.   That's his power. 

 

I love watching liberals kick themselves in the ass like that. 

Fucking losers.   

 loser-sign.gif

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4 minutes ago, Golfboy said:

Of course it is.   But you've never read the Constitution, have you?

It's called a recess appointment.   

Congress was not in session, and Trump appointed.   That's his power. 

 

I love watching liberals kick themselves in the ass like that. 

Fucking losers.   

 loser-sign.gif

Yes, of course. It is so simple. It was a recess appointment. What is so hard to understand with these people?

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5 minutes ago, superds77 said:

Yes, of course. It is so simple. It was a recess appointment. What is so hard to understand with these people?

Wrong. The CFPB was created by Congress, and the succession of leadership is already written into the language created by Congress. This isn't an executive appointment by the President. Congress would have to change the law in order for that to happen. The deputy director of the Bureau automatically becomes director if the current director leaves. 

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Just now, skews13 said:

Wrong. The CFPB was created by Congress, and the succession of leadership is already written into the language created by Congress. This isn't an executive appointment by the President. Congress would have to change the law in order for that to happen. The deputy director of the Bureau automatically becomes director if the current director leaves. 

How did the exiting director get the job?

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13 minutes ago, superds77 said:

How did the exiting director get the job?

He was selected by Senator Warren who was the primary sponsor of the bureau in Congress.

 

The President is trying to use the appointment act to override the Congress to insert his choice for purely partisan political reasons.

 

That's why it's in court.

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3 minutes ago, skews13 said:

I'm a lying whore and Golfboy's bitch. I can't refute anything he says, so I lie and claim he violates forum rules, then delete his posts and threads.

Damn right, and then you ran like a little liberal bitch when I demanded you prove I violated the rules. 

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22 minutes ago, skews13 said:

Wrong. The CFPB was created by Congress, and the succession of leadership is already written into the language created by Congress. This isn't an executive appointment by the President. Congress would have to change the law in order for that to happen. The deputy director of the Bureau automatically becomes director if the current director leaves. 

Sorry Skrews, but the President has the power granted to him by the constitution to make recess appointments.

If you find a liberal judge to rule the way you want, Trump can simply fire her. 

Buh-bye now.

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24 minutes ago, skews13 said:

Wrong. The CFPB was created by Congress, and the succession of leadership is already written into the language created by Congress. This isn't an executive appointment by the President. Congress would have to change the law in order for that to happen. The deputy director of the Bureau automatically becomes director if the current director leaves. 

 

^^^^ Idiot shows he either cannot read with comprehension or does not understand recess appointments.

 

Just FYI skews...a recess appointment of the new DIRECTOR puts that person in charge of the agency IMMEDIATELY.  Congress, upon their return, either confirms or rejects the appointment.

 

 

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1 minute ago, skews13 said:

I'm a lying whore and Golfboy's bitch. I can't refute anything he says, so I lie and claim he violates forum rules, then delete his posts and threads.

Damn right, and then you ran like a little liberal bitch when I demanded you prove I violated the rules.

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8 minutes ago, BatteryPowered said:

 

^^^^ Idiot shows he either cannot read with comprehension or does not understand recess appointments.

 

Just FYI skews...a recess appointment of the new DIRECTOR puts that person in charge of the agency IMMEDIATELY.  Congress, upon their return, either confirms or rejects the appointment.

 

 

The argument being made by Screws is that the CFRB is an unelected board, outside control of the Administration.

Clearly this is unconstitutional, and the board should be dissolved entirely.

The Supreme Court has already ruled that the law was unconstitutional in it's exemption of the chair of the board being exempt from the President firing him.

 

 

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4 minutes ago, skews13 said:

Republicans are not interested in protecting consumers, only their donor base. 

 

 

This is entirely correct.

Trump is a fraudster. He defrauded people by lying about the number of condos that were pre sold, and again with his phony Trump "University".

Warren has saved people billions.

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2 minutes ago, XavierOnassis said:

This is entirely correct.

Trump is a fraudster. He defrauded people by lying about the number of condos that were pre sold, and again with his phony Trump "University".

Warren has saved people billions.

How much money did you get back from the CFPB?

 

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5 minutes ago, XavierOnassis said:

This is entirely correct.

Trump is a fraudster. He defrauded people by lying about the number of condos that were pre sold, and again with his phony Trump "University".

Warren has saved people billions.

U.S. District Judge Timothy J. Kelly of Washington heard arguments by the bureau deputy director Leandra English, who filed a lawsuit Sunday calling herself the “rightful acting director” according to a 2010 Dodd-Frank act, which established the influential watchdog agency.

 

What the Federal Vacancies Reform Act says:

§3347 Exclusivity

(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office,) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless

(1) a statutory provision expressly (ie Dodd-Frank)

      (A) authorizes the President, a court, or thehead of an Executive department to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or

      (B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or "(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.

(b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(2) applies.

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29 minutes ago, skews13 said:

He was selected by Senator Warren who was the primary sponsor of the bureau in Congress.

 

The President is trying to use the appointment act to override the Congress to insert his choice for purely partisan political reasons.

 

That's why it's in court.

Selected by Senator Warren? Really? This person did not have to be appointed and then confirmed by the senate? News to me.

 

If the person was nominated and then confirmed by the senate then the POTUS definitely does have the authority to use a recess appointment.

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3 minutes ago, superds77 said:

Selected by Senator Warren? Really? This person did not have to be appointed and then confirmed by the senate? News to me.

 

If the person was nominated and then confirmed by the senate then the POTUS definitely does have the authority to use a recess appointment.

warren is chiefly responsible for the existence of the CFPB. It was her with advice from the creators of the Dodd-Frank law, that wrote the statuatory language required to pass the law.

 

It's Congressional legislation that was signed by then President Obama.

 

The judge hearing the case will have to decide if the President has the authority to override statuatory law passed by Congress.

 

Be careful what you wish for, because if that judge decides in Trumps favor, that means the President can ignore laws passed by Congress and can act unilaterally.

 

Sooner or later, and probably sooner, you will not only have a Democrat as President again, but Democrats also controlling Congress.

 

Trump has already set precedents not seen up to this time in history.

 

Mitch McConnell and Paul Ryan have both done the same.

 

We'll soon see how well you righties take it when the Democrats start using those same precedents.

 

See you down the road.

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13 minutes ago, superds77 said:

Selected by Senator Warren? Really? This person did not have to be appointed and then confirmed by the senate? News to me.

 

If the person was nominated and then confirmed by the senate then the POTUS definitely does have the authority to use a recess appointment.

 

And yet the courts and Congress disagree with you.

 

Tell us the qualifications you have that make your "opinion" more valid than theirs.

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Just now, skews13 said:

warren is chiefly responsible for the existence of the CFPB. It was her with advice from the creators of the Dodd-Frank law, that wrote the statuatory language required to pass the law.

 

It's Congressional legislation that was signed by then President Obama.

 

The judge hearing the case will have to decide if the President has the authority to override statuatory law passed by Congress.

 

Be careful what you wish for, because if that judge decides in Trumps favor, that means the President can ignore laws passed by Congress and can act unilaterally.

 

Sooner or later, and probably sooner, you will not only have a Democrat as President again, but Democrats also controlling Congress.

 

Trump has already set precedents not seen up to this time in history.

 

Mitch McConnell and Paul Ryan have both done the same.

 

We'll soon see how well you righties take it when the Democrats start using those same precedents.

 

See you down the road.

 

You didn't answer the question as to whether Courdray was appointed and confirmed.

 

I found the answer. Based on the reporting from the WaPost below it seems he was nominated and then confirmed by the senate. If the past POTUS could nominate him, wouldn't the current POTUS nominate the next person to head the agency? What am I missing?

 

https://www.washingtonpost.com/business/economy/senate-confirms-consumer-watchdog-nominee-richard-cordray/2013/07/16/965d82c2-ee2b-11e2-a1f9-ea873b7e0424_story.html?utm_term=.e8c8cab89eb6

 

"

By Danielle Douglas July 16, 2013
 

The Senate on Tuesday confirmed Richard Cordray to head the Consumer Financial Protection Bureau, ending years of contentious political wrangling over the leadership of one of the most influential agencies in Washington.

The 66 to 34 vote came hours after lawmakers averted a showdown over Senate rules governing whether the filibuster could be used to block presidential appointees.

 

Cordray’s confirmation clears the way for the consumer bureau to take more aggressive steps to police the financial services industry. In the past year, the agency issued a series of rules to govern mortgage lending and handed down enforcement actions against big banks, including U.S. Bank, for abusive lending practices. It will also be more difficult to challenge the agency’s efforts to regulate those industries."

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Just now, DemoMan said:

 

And yet the courts and Congress disagree with you.

 

Tell us the qualifications you have that make your "opinion" more valid than theirs.

My qualifications? I can read and comprehend the English language.

 

Has the court ruled on this? As shown in my last post Courdray was nominated/confirmed by the senate.

 

Recess appointments are pretty common. That is not what this court is deliberating on, is it?

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