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Absurd Alhazred
Mar 27, 2010

by Athanatos
There's going to be a showdown tomorrow at the CFPB (or at some DC courthouse, whatever)

https://twitter.com/peteschroeder/status/934965719736909824

Apparently there are several legal opinions as to whether the President can appoint an acting director (which he did and the CFPB's own counsel supports), or whether that position is automatically head by the deputy, Leandra English, who is filing suit as a private individual.

https://twitter.com/PressSec/status/934590691350544384

https://twitter.com/SenSchumer/status/934914338669854720

:suspense:

Some memes:

https://twitter.com/jbillinson/status/934977416178659329

https://twitter.com/jbillinson/status/934978689451921408

https://twitter.com/BradMossEsq/status/934968112340000770

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Mc Do Well
Aug 2, 2008

by FactsAreUseless
Yeltsin!

Nonsense
Jan 26, 2007

Executive privilege.

Taintrunner
Apr 10, 2017

by Jeffrey of YOSPOS
Obviously this can only be settled via a no holds barred match...

...IN A STEEL CAGE!!! WE'LL SELL YOU THE WHOLE SEAT, BUT YOU ONLY NEED THE EDGE

rudatron
May 31, 2011

by Fluffdaddy
Actually, I'm the real cfpb director, all the other guys are fakers, plz donate to my patreon

Gazpacho
Jun 18, 2004

by Fluffdaddy
Slippery Tilde
hmmm... wats cfpb

a helpful bear
Aug 18, 2004

Slippery Tilde

Taintrunner posted:

Obviously this can only be settled via a no holds barred match...

...IN A STEEL CAGE!!! WE'LL SELL YOU THE WHOLE SEAT, BUT YOU ONLY NEED THE EDGE

wanna see mulvaney get his rear end beat by english

Nichael
Mar 30, 2011


there better be a west side story dance fight for the position

Jose
Jul 24, 2007

Adrian Chiles is a broadcaster and writer
what terrible thing has he appointed mulvaney to do

Lawman 0
Aug 17, 2010

a helpful bear posted:

wanna see mulvaney get his rear end beat by english


Jose posted:

what terrible thing has he appointed mulvaney to do

reinstate slavery op

Peanut Butler
Jul 25, 2003



this is hypernormal and, therefore, normal

Jose
Jul 24, 2007

Adrian Chiles is a broadcaster and writer
https://twitter.com/PatrickMRucker/status/935163326665027584

Lastgirl
Sep 7, 1997


Good Morning!
Sunday Morning!
if mulvaney wants to be director for the Center For Proud Boys so badly, he should be able to name all cereals in existence, including muesli brands

Zerg Mans
Oct 19, 2006

If I'm reading it right the president normally has the authority to do this, but the CFPB was specifically designed to be free of outside interference and has it's own succession rules - and the Trump admin is basically just saying "this law is for nerds, get out of the way, nerd"?

CommanderApaul
Aug 30, 2003

It's amazing their hands can support such awesome.

zegermans posted:

If I'm reading it right the president normally has the authority to do this, but the CFPB was specifically designed to be free of outside interference and has it's own succession rules - and the Trump admin is basically just saying "this law is for nerds, get out of the way, nerd"?

The Trump admin (and the CFPB's general counsel, which is weird) is arguing that the Dodd-Frank law establishing the CFPB and establishing the order of succession at the bureau is deferential to the President's powers under the Federal Vacancies Reform Act. The FVRA doesn't have a "unless otherwise provided for" clause that I'm aware of, so the two laws are in conflict. This is not nearly as cut and dry as it's made out to be, and is going to have to be decided by the courts. The fact that the CFPB general council has apparently issued a memo concurring with the Justice Department that the FVRA takes precedent is not good for Cordray's successor.

The DC Circuit Court is packed with Clinton and Obama appointees, and they'll be the ones hearing the case, so that's good for English. She may be able to get a restraining order against Mulvaney until they can hear the case, as the irreparable harm requirement on her side is pretty cut and dry.

CommanderApaul has issued a correction as of 16:40 on Nov 27, 2017

Lawman 0
Aug 17, 2010

After this reform the CFPB but give it commissar squads. :getin:

Zerg Mans
Oct 19, 2006

Does the CFPB do anything anyway, I always heard it was kneecapped from the get-go, or was that more "it's not communism therefore it's bad" internet leftist stuff

redneck nazgul
Apr 25, 2013

zegermans posted:

Does the CFPB do anything anyway, I always heard it was kneecapped from the get-go, or was that more "it's not communism therefore it's bad" internet leftist stuff

why not both

Zerg Mans
Oct 19, 2006

good point

Typo
Aug 19, 2009

Chernigov Military Aviation Lyceum
The Fighting Slowpokes
bold prediction:

cordray will run for ohio governor 2018 and win, he'll run for president in 2024

Anime Schoolgirl
Nov 28, 2002

Typo posted:

bold prediction:

cordray will run for ohio governor 2018 and win, he'll run for president in 2024
which fragment of the balkanized former united states of america is he going to run for president for

HMS Beagle
Feb 13, 2009



Typo posted:

bold prediction:

cordray will run for ohio governor 2018 and win, he'll run for president in 2024

If we can make this a Cordray Moore ticket I can get behind it.

get that OUT of my face
Feb 10, 2007

i wanna go back to a simpler time when something like this was considered a gross abuse of power by obama that was necessary because the people calling it such refused to hold hearings for anyone he nominated for anything

Fat-Lip-Sum-41.mp3
Nov 15, 2003
FROM THE OFFICE OF: LEANDRA ENGLISH, ACTING DIRECTOR OF CFPB

TO: Facilities staff

Please remove all staplers from Mr. Mulvaney's office and replace his pens with crayons.

cuntman.net
Mar 1, 2013

this is how the civil war will start

Al!
Apr 2, 2010

:coolspot::coolspot::coolspot::coolspot::coolspot:

Duscat
Jan 4, 2009
Fun Shoe
is this something specific to the CFPB, or is this a way he can appoint people in "acting" positions everywhere without needing to get senate approval?

Lastgirl
Sep 7, 1997


Good Morning!
Sunday Morning!
a muesli brand mulveny should check out is, "Alpen"

Lastgirl
Sep 7, 1997


Good Morning!
Sunday Morning!
i cant bleieve mulrainey brought loving donuts to work, he was supposed to bring all the cereals and a blindfold to his initiation rite

loving shitehead!!!1 hes gonna ruin this office gdi :doh:

CommanderApaul
Aug 30, 2003

It's amazing their hands can support such awesome.

Duscat posted:

is this something specific to the CFPB, or is this a way he can appoint people in "acting" positions everywhere without needing to get senate approval?

Among a lot of other things, the FVRA allows the president to appoint anyone who is in a senate-confirmed job to be named, in an acting capacity, to another senate confirmed job until the Senate confirms a replacement.

Funny enough, if Mulvaney is going to serve in an acting capacity, Trump can't nominate him for Senate confirmation. You can't serve in an acting capacity to a position that you are nominated to.

get that OUT of my face
Feb 10, 2007

CommanderApaul posted:

Among a lot of other things, the FVRA allows the president to appoint anyone who is in a senate-confirmed job to be named, in an acting capacity, to another senate confirmed job until the Senate confirms a replacement.
this is what obama did a ton of because the senate wouldn't play ball, right? and back then senate republicans were whining about this being unconstitutional?

CommanderApaul
Aug 30, 2003

It's amazing their hands can support such awesome.

get that OUT of my face posted:

this is what obama did a ton of because the senate wouldn't play ball, right? and back then senate republicans were whining about this being unconstitutional?

He did some recess appointments to get around Republican fuckery, and got smacked down by SCOTUS over what the definition of "recess" is. Both chambers have been having pro forma sessions since the Bush years, if not earlier, to prevent recess appointments. Bright-line rule is now a pro forma session every three business days. Longer than that and the chamber is recessed and recessed appointments can be made.

Acting appointments under the FVRA are different, but possibly also unconstitutional as a usurpation of the Senate advise and consent role. I don't believe it's ever been challenged in court.

Absurd Alhazred
Mar 27, 2010

by Athanatos

CommanderApaul posted:

He did some recess appointments to get around Republican fuckery, and got smacked down by SCOTUS over what the definition of "recess" is. Both chambers have been having pro forma sessions since the Bush years, if not earlier, to prevent recess appointments. Bright-line rule is now a pro forma session every three business days. Longer than that and the chamber is recessed and recessed appointments can be made.

Acting appointments under the FVRA are different, but possibly also unconstitutional as a usurpation of the Senate advise and consent role. I don't believe it's ever been challenged in court.

.. until now...

Mayor Dave
Feb 20, 2009

Bernie the Snow Clown
Along with a 30-day hiring freeze, Mulvaney said he has put an immediate 30-day hold “on any new rules, regulations and guidance. Anything in the pipeline stops for at least 30 days while I see what’s going on and kick the tires here at the bureau.”

He also said he will stop payments for 30 days to the civil penalties fund, which has more than $50 million, until we “get a handle on what that fund is all about before we make any distributions.”

quote:

When the Bureau collects a civil penalty through an enforcement action, that penalty is deposited into the Civil Penalty Fund. The money in the Fund is pooled and can be used to compensate victims who haven’t received full compensation for their harm through redress paid by the defendant in their case.

lmao he's stopping payments to people harmed by predatory financial institutions

Lawman 0
Aug 17, 2010

Mayor Dave posted:

Along with a 30-day hiring freeze, Mulvaney said he has put an immediate 30-day hold “on any new rules, regulations and guidance. Anything in the pipeline stops for at least 30 days while I see what’s going on and kick the tires here at the bureau.”

He also said he will stop payments for 30 days to the civil penalties fund, which has more than $50 million, until we “get a handle on what that fund is all about before we make any distributions.”


lmao he's stopping payments to people harmed by predatory financial institutions

He's Hitler

the bitcoin of weed
Nov 1, 2014

Mayor Dave posted:

Along with a 30-day hiring freeze, Mulvaney said he has put an immediate 30-day hold “on any new rules, regulations and guidance. Anything in the pipeline stops for at least 30 days while I see what’s going on and kick the tires here at the bureau.”

He also said he will stop payments for 30 days to the civil penalties fund, which has more than $50 million, until we “get a handle on what that fund is all about before we make any distributions.”

literally "shut it down until we(I) figure out what's going on"

gradenko_2000
Oct 5, 2010

HELL SERPENT
Lipstick Apathy
Isn't there also a case to be made that Mulvaney can't both be Director of the OMB and acting CFPB Director at the same time?

Or can he?

Willie Tomg
Feb 2, 2006
i'm the boss, also i have no idea what my job is or what we do here, so everyone just stop doing things for at least a month or until i figure that out, i look forward to working with you. in a month. you might be fired. idk

Willie Tomg
Feb 2, 2006
its really illuminating seeing folks in govt bureaucracies and the state department and so forth react to the way private sector employees have been treated under their aloof technocratic laissez-faire domestic policies for decades

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Karl Barks
Jan 21, 1981

can't they just ignore him. i mean i know that sounds silly, but like, he's one guy.

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