On to round 2 (or 3 or ???)

On to round 2 (or 3 or ???)

https://www.npr.org/sections/thetwo-way/2017/11/28/567074546/trump-wins-opening-round-in-legal-battle-over-consumer-watchdog-agency
https://www.npr.org/sections/thetwo-way/2017/11/28/567074546/trump-wins-opening-round-in-legal-battle-over-consumer-watchdog-agency

Comments

  1. I hate to say it, but I think the administration is mostly in the right here. I mean he's entirely the wrong person (like every other appointee) but the deputy director would only be acting director temporarily until a new director was appointed and confirmed.
    This just happens to be one position they were ready to immediately appoint a new person.

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  2. I don't think there's a clear right or wrong. I think that the law creating the bureau specified a procedure for filling the position, and that law dates from 2010. The WH should be appointing a permanent person, who has to go through confirmation, apparently, not playing power games with a law from 1998 that was seemingly supposed to deal with situations where there wasn't a defined procedure for filling empty positions. Why aren't they using this law to fill all the other empty positions?

    It's also highly suspect from an administration that has ignored many empty posts, including senior ones, when they don't think an agency or department is important. This agency, though, is on their hit list so boom, magic appointment of someone who has repeatedly and openly said the CFPB should not exist.

    It's a cynical game playing with some laws that may legitimately conflict, but that's not why they are doing this. They have appointed Mulvaney as Acting Director, not submitted his name for the permanent Director position. They did not need to do this. Meanwhile, they have still not submitted a name for Director. This looks like an end run around Senate confirmation to me.

    Plus, they had to know that this would happen. By causing this confusion, they are effectively shutting down the CFPB just as well as if they repealed the law creating it.

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