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Leadership Problems at the CFPB

KetBraKetBra Dressed RidiculouslyRegistered User regular
edited November 2017 in Debate and/or Discourse
So, Trump has named Mick Mulvaney as acting director of the Consumer Financial Protection Bureau.

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https://www.reuters.com/article/us-usa-trump-cpfb/trump-names-white-house-budget-director-mulvaney-acting-head-of-consumer-agency-idUSKBN1DP00J?utm_campaign=trueAnthem:+Trending+Content&utm_content=5a19023204d3017f30c6ba60&utm_medium=trueAnthem&utm_source=twitter

This comes hours after outgoing Cordray appointed Leandra English as deputy director, the position which under federal state automatically becomes acting director. This means that the CFPB now has two acting directors, one of which is actively hostile to the agency's mission, and has the backing of the President, but not federal statute.

The relevant excerpt from Dodd-Frank (which created the CPFB):
[the consumer bureau's deputy director shall] “serve as acting Director in the absence or unavailability of the Director.”

This seems... bad? It looks like either English will step down, or this will go to the courts.

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KetBra on
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  • FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    Mick Mulvaney already has a fucking job.

  • AthenorAthenor Battle Hardened Optimist The Skies of HiigaraRegistered User regular
    Wait, so... the old director left, but before going out appointed a deputy director that becomes acting director, but Trump didn't care and appointed a different acting director?

    He/Him | "We who believe in freedom cannot rest." - Dr. Johnetta Cole, 7/22/2024
  • KetBraKetBra Dressed Ridiculously Registered User regular
    Pretty much, yeah.

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  • LabelLabel Registered User regular
    seems pretty cut and dry to me, Trump appoints directors, not acting directors.

    Ha. Ha. Ha. I don't think that's gunna matter too much.

  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    Are you using the right photo in this OP? That looks like the goofy MP over in the UK.

    I imagine this is going to the court because even the GOP thinks, on this sort of thing, there are rules and procedures to follow. Trump doesn't give a shit about filling a lot of government positions, and I'd say it's weird that he wants to appoint someone for this job, but y'know. We already know what they're up to.

  • Captain InertiaCaptain Inertia Central OhioRegistered User regular
    Neither one of these people is who the bank lobbyists wanted or expected. This is so fucking funny!

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  • monikermoniker Registered User regular
    I mean, all he has to do is appoint and have the Senate confirm an actual Director. Until then Dodd-Frank overrides.

  • nexuscrawlernexuscrawler Registered User regular
    Yup trump has to confirm the his choice through the senate

  • Mr KhanMr Khan Not Everyone WAHHHRegistered User regular
    Pretty simple that Mulvaney's orders are not lawful until he is officially nominated as full director and is confirmed by the Senate. Any orders are not to be implemented.

    This is classic Trump, unnecessarily mean and petty.

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  • shrykeshryke Member of the Beast Registered User regular
    The first assumption should always be that they don't know wtf they are doing and so don't even know how the succession is supposed to work.

  • OremLKOremLK Registered User regular
    MorganV wrote: »
    It's also possible that the Trump Administration (not so much Trump himself, cause, you know, oblivious) is trying to push boundaries. Unless there's some kind of immediate need for the CFPB to have a 'friendly' director, they could have easily have gone through the appropriate channels. Even with the backlash to certain policies, having a more business friendly director should still get 52* votes in the Senate.

    * I'm pretty sure Luther remains the Alabama Jr Senator until the next one gets sworn in, yes? Else, still 51.

    Unless they're that afraid of Alabama going to the Democrats, in which case they're REALLY pushing their luck subverting the Senate. If there's two things all Senators take personally, it's screwing with their funding, and screwing with their authority. And the latter is what this threatens. If any Senators get pissy about Trump trying to end-around on them, this could go poorly.

    Just checked, and according to the schedule, the Senate don't resume session until the 18th of December, well past the December 12th election in Alabama.

    Interesting times. And these f'n guys.

    IIRC, whoever wins in Alabama may no be certified until around the end of December though.

    My zombie survival life simulator They Don't Sleep is out now on Steam if you want to check it out.
  • Mr KhanMr Khan Not Everyone WAHHHRegistered User regular
    DoJ has issued a memo suggesting that it's in the President's powers to do this despite the statute, because of the Vacancies Reform Act of 1998, though it gets into legalese that i couldn't state definitively whether it's bullshit or not.

  • DevoutlyApatheticDevoutlyApathetic Registered User regular
    edited November 2017
    Mr Khan wrote: »
    DoJ has issued a memo suggesting that it's in the President's powers to do this despite the statute, because of the Vacancies Reform Act of 1998, though it gets into legalese that i couldn't state definitively whether it's bullshit or not.

    The big thing that pops out to me is that the CFPB was established by statute during the Obama terms so saying the previous general legislation override the specific later legislation seems like a really weird argument.

    IANAL or anything but...

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  • FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    From Trump's comments on the CFPB, I don't think he realizes that it was created during the Obama administration, or that Republicans despise it.

  • GoumindongGoumindong Registered User regular
    Mr Khan wrote: »
    DoJ has issued a memo suggesting that it's in the President's powers to do this despite the statute, because of the Vacancies Reform Act of 1998, though it gets into legalese that i couldn't state definitively whether it's bullshit or not.

    The big thing that pops out to me is that the CFPB was established by statute during the Obama terms so saying the previous general legislation override the specific later legislation seems like a really weird argument.

    IANAL or anything but...

    IANAL but the last legislation always takes precedence. Congress cannot bind congress.

    However I am not finding this memo. The most relevant one predates this and doesn’t seem to mention the cfpb

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  • Harry DresdenHarry Dresden Registered User regular
    Fencingsax wrote: »
    From Trump's comments on the CFPB, I don't think he realizes that it was created during the Obama administration, or that Republicans despise it.

    I don't think he'd care if someone told him.

  • Captain InertiaCaptain Inertia Central OhioRegistered User regular
    Fwiw, the bank lobby wants the CFPB leadership to be split 50/50 between partisan appointments like the toothless FEC

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  • shrykeshryke Member of the Beast Registered User regular
    edited November 2017
    shryke on
  • monikermoniker Registered User regular
    shryke wrote: »

    I mean, I do have a bias in favor of civil servants, but with the Supreme Court and Congress effectively eliminating Recess appointments that seems the way it ought to work. Replacing the Director is kind of the whole point of having a Deputy to begin with. Same reason we have a Vice President. Their literal only expressed Constitutional role is breaking a tie in the Senate, and not dying in case the President does.

  • ZekZek Registered User regular
    edited November 2017
    I doubt whether Trump really gives a shit about this agency. I wonder if the appointment was some sort of quid pro quo.

    Zek on
  • JoeUserJoeUser Forum Santa Registered User regular
    Chuck Schumer lays it out


    The process for succession laid out in Dodd Frank is clear: Leandra English, not Mick Mulvaney, is the acting dir of @CFPB. By attempting to install Mr. Mulvaney as director, the Trump admin is ignoring the established, legal order of succession that we purposefully put in place.

    Yet another Constitutional crisi

  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    It comes down to English not leaving their position and Trump's attempt being challenged in court. If anyone backs down at this point, they give way to this kinda shit happening elsewhere in government.

  • FoefallerFoefaller Registered User regular
    MorganV wrote: »

    Just checked, and according to the schedule, the Senate don't resume session until the 18th of December, well past the December 12th election in Alabama.

    Interesting times. And these f'n guys.

    I'm pretty sure they're due back tomorrow, if only because Dec. 8 is when the CR ends and we enter a government shutdown.

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  • monikermoniker Registered User regular
    Foefaller wrote: »
    MorganV wrote: »

    Just checked, and according to the schedule, the Senate don't resume session until the 18th of December, well past the December 12th election in Alabama.

    Interesting times. And these f'n guys.

    I'm pretty sure they're due back tomorrow, if only because Dec. 8 is when the CR ends and we enter a government shutdown.

    The Senate is scheduled to be in session from now until December 15th.

  • JoeUserJoeUser Forum Santa Registered User regular
    And here we go


    BREAKING: Leandra English has filed suit, seeking a temporary restraining order to prevent Mick Mulvaney from taking control of the CFPB. https://t.co/zSBWyYDZI1

    Reuters reporter

  • nexuscrawlernexuscrawler Registered User regular
    Let's not forget this is the exact wording of Dodd-Frank the GOP used to deny Obama a nomination to lead the Bureau for like 2 years

  • Mx. QuillMx. Quill I now prefer "Myr. Quill", actually... {They/Them}Registered User regular
    Let's not forget this is the exact wording of Dodd-Frank the GOP used to deny Obama a nomination to lead the Bureau for like 2 years

    IOKIYAR

  • AthenorAthenor Battle Hardened Optimist The Skies of HiigaraRegistered User regular
    NPR's marketplace morning edition was talking about this.

    Apparently the CFPB lawyers are siding with the 70s vacancies law that the White House is citing, and Mulvaney showed up to the office today with a box of donuts.

    He/Him | "We who believe in freedom cannot rest." - Dr. Johnetta Cole, 7/22/2024
  • KetBraKetBra Dressed Ridiculously Registered User regular
    Athenor wrote: »
    NPR's marketplace morning edition was talking about this.

    Apparently the CFPB lawyers are siding with the 70s vacancies law that the White House is citing, and Mulvaney showed up to the office today with a box of donuts.

    That's got to be an awkward day in the office

    Props to English for basically nuking her career to prevent that creep from fucking things up more

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  • HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    Athenor wrote: »
    NPR's marketplace morning edition was talking about this.

    Apparently the CFPB lawyers are siding with the 70s vacancies law that the White House is citing, and Mulvaney showed up to the office today with a box of donuts.
    I imagine that citation can get struck down in court by pointing out the White House has deliberately been leaving vacancies all over the government. The only positions it tries to appoint are those that serve an agenda for the president personally, as opposed to the good of the people at large.

  • TomantaTomanta Registered User regular
    I wonder when a court will rule on the restraining order. Two different people going "I'm in charge" is clearly a constitutional emergency. And since my employment is under heavy CFPB regulation, one I am paying attention to.

  • JoeUserJoeUser Forum Santa Registered User regular
    Hearing today at 4:30 on a temporary restraining order to keep Mulvaney out

  • KetBraKetBra Dressed Ridiculously Registered User regular
    What court/judge?

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  • KetBraKetBra Dressed Ridiculously Registered User regular
    Consumer Financial Protection Bureau Has 2 Bosses Claiming Control
    “I knew on Friday who my boss was,” an employee for the agency, who only gave his first name, Ella, because he was not authorized to speak to reporters, said as he approached the bureau. “But thanks to this idiot, I don’t know.”

    (He did not clarify which idiot.)

    A quote for the ages. But really, I cannot help but feel this does harm government institutions overall long-term. Is there any precedent for something like this?

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  • jothkijothki Registered User regular
    I take it that her offices don't have the sort of setup where she could simply have him locked out?

  • KetBraKetBra Dressed Ridiculously Registered User regular
    jothki wrote: »
    I take it that her offices don't have the sort of setup where she could simply have him locked out?

    It's not clear that she is the proper acting director.

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  • Mx. QuillMx. Quill I now prefer "Myr. Quill", actually... {They/Them}Registered User regular
    Great, well English might as well start packing up her desk then if a Trump crony is in charge of the case of whether another Trump crony gets put in a position they have no qualifications for.

  • JavenJaven Registered User regular
    Yeah that's a bummer, and sets a REALLY nasty precedent to sidestep confirmations in the future

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