Office of Legal Counsel Determination on Presidential Authority to Appoint Director of CFPB (Full Legal pdf)…

There’s an extensive back story to this issue: Part I, and Part II, and Part III

(President Trump Tweet Link)

The Director of the Consumer Financial Protection Bureau, Richard Cordray, has resigned. Senator Elizabeth Warren does not want President Trump to appoint an interim replacement.  President Trump has announced OMB Director Mick Mulvaney will be the “acting” head of the agency until he nominates a permanent replacement for senate confirmation. Senator Warren wants to take President Trump to court to stop him filling the interim position.

The U.S. Dept. of Justice, Office of Legal Counsel (OLC), has provided legal guidance (full pdf outline of opinion below), and decided that President Trump clearly has the authority to appoint the acting Director.  Senator Elizabeth Warren is going bananas.

Here’s the OLC recommendation to the President:




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111 Responses to Office of Legal Counsel Determination on Presidential Authority to Appoint Director of CFPB (Full Legal pdf)…

  1. Lunatic Fringe, Phd. [undocumented] says:

    Senator Warren let’s take it to the courts if LOSER PAYS. Do you have the stones?

    Liked by 27 people

    • Carrie2 says:

      Lunatic Fringe, and she was one of those who thought ONLY the president would appoint and definitely not a resigned former head appointing a deputy which he was legally not allowed to do. Sorry, Warren, you are losing more and more often so time to get over the fact that your chances of returning to Congress are nil to ZERO! You have lied, cheated and ripped off home owners in debt. Just go away! President is the boss of this department and you will see it disappearing as garbage from day one and affecting small businesses and small banks. Sorry, we don’t need your input about what is legal and what is not, since you have always believed and worked from the illegal side.

      Liked by 15 people

      • fleporeblog says:

        I absolutely love ❤️ that this is killing Pocahontas to her core! There is nothing she and the rest of the Uniparty Senators can do to stop 🛑 Mick Mulvaney from assuming this position. Mick has ultimate power and can implement our President and Mnuchin’s plan for smaller banks that will support small businesses with loans once they begin to expand. Couple that with Tax Reform and the sky is the limit for the Economic Train 🚂! It is incredible how our President is using their stupidity and greed to destroy them and support Main Street!

        Liked by 27 people

      • Betty says:

        I still say Warren was setting up her own private fiefdom, and I’ll bet Hillary was going to appoint her as Director of the CFPB, and once installed no one could have removed her . And, according to her, the Director of the CFPB would be the one to appoint the next Director from then on.

        Thank God we dodged that bullet.

        Liked by 23 people

        • Prof. Woland says:

          Elizabeth Warren has always tried to hide government transfer payments / welfare to liberals / women as some sort of “financial reforms” or as supposed “good government” type laws. she has been around for long enough now for us to understand that she has never done anything to help anyone other than the identity groups that make up her core support. she can talk a good game but as a man, who works in financial services, she has never done anything that has helped me, my clients, or anyone who does not squat to pee.

          Liked by 4 people

    • bonnehou58 says:

      I think you are on to something. Make these activist judges pay when they make these frivolous decisions to thwart PDJT and his swamp drainage. When they are overruled they can reimburse the tax-payers!

      Liked by 8 people

      • filia.aurea says:

        When judges serve political ideologies and not the law, they must be removed from the bench.
        “I do not charge the judges with wilful and ill-intentioned error; but honest error must be arrested where its toleration leads to public ruin. As for the safety of society, we commit honest maniacs to Bedlam; so judges should be withdrawn from their bench whose erroneous biases are leading us to dissolution. It may, indeed, injure them in fame or in fortune; but it saves the republic, which is the first and supreme law.” –Thomas Jefferson: Autobiography, 1821. ME 1:122

        Liked by 8 people

    • Ghostrider says:

      How about this modification? If Warren is the lead plaintiff (senator) on the suit and she loses, then Massachusetts pays all freight. All attorneys fees, damages, court costs etc. Whst’s it Gonna be Pocahontas?

      Liked by 4 people

    • Risin'Tide says:

      This is interesting. Must be something hidden out in that tall-grass and some skeletons in some closets…

      Liked by 4 people

  2. Sylvia Avery says:

    You know, it may be that Elizabeth Warren needs to have her hormone levels checked. I have had women friends who really struggled after menopause until they got hormone replacement therapy. I mean, they were real beyotches until they got help.

    But personally, I think she is just a detestable, screeching, harpy and I hope my President squashes her like a bug on a windshield.

    Liked by 37 people

  3. This just keeps getting better and better.

    Liked by 8 people

  4. mk10108 says:

    Hokey Pochty getting her deerskin skirt in a wad. Bring pipe smoke peace…cause chief Trump is your daddy.

    Liked by 17 people

  5. Sylvia Avery says:

    Does anyone know the process on this? Can Pocanhantas just file a lawsuit? Doesn’t someone have to have standing to bring a suit? And wouldn’t any sane person look at this and say, “Nah, there’s no basis to bring a suit?”

    I have no doubt PDJT will prevail, but it kind of irritates me that OUR MONEY is probably going to be wasted on legal proceedings on this stupidity…..

    Liked by 7 people

    • chicagodeplorable says:

      This probably won’t stop Liawatha, BUT, the 9th Circuit ruled in 2016, Hooks v Kitsop, Tenant Support Services; 816 F.3d 550, 555, 56. Apparently PDJT can appoint, per OLC document, page 7. Also, as Sundance pointed out, a federal court ruled the Board unconstitutional without executive oversight and oral arguments have been held at the appellate level. Waiting for decision now.

      I don’t think Liawatha has a chance.

      Liked by 5 people

      • Sylvia Avery says:

        I would just really like it if someone told her to sit down and shut up because no one cares what she thinks.

        Liked by 12 people

      • John VI says:

        Shes not interested in legal court. She fully intends to try this in the court “Of public opionion”

        She’s still under the delusion that republicans don’t fight back nor defend themselves in that court. 60 years of precedent and she still hasn’t figured out that PRESIDENT Trump will happily and joyfully roast her alive in that court and leave her steaming remains all over Twitter and the internet as a warning to others.

        Not that any of these others are taking that warning. “This time it’s different” … wonder if it’s a genetic thing??

        Liked by 2 people

    • Mongoose says:

      Just blame the rigged “legal” welfare system that keeps all those law grads employed and paid very, very well for doing nothing constructive for our society but suck the life out of it.

      Liked by 1 person

  6. Princess Stolen Feathers appears to only have one recourse. Tribal council in big teepee. Then smoke peace-pipe with Big Boss.

    Liked by 19 people

  7. dekester says:

    Your assw*pe Senators have way too much power.
    They are proving to be a shallow and self serving pack of scoundrels.

    God bless PDJT

    Liked by 23 people

  8. H&HC, 2nd-16th says:

    We buy them books and send them to school for an education and what do they do – they rip out the pages and eat the covers – and what do we do? We elect them to the Senate. Brilliant us…..

    Liked by 6 people

  9. maggiemoowho says:

    Pocahontas won’t be able to take this to the 9th circuit court of deranged loones will she?

    Liked by 2 people

  10. Summer says:

    Pocahontas, pay attention:

    He Is Yo Chief! He Is Yo Chief!

    Liked by 11 people

  11. patrickhenrycensored says:

    HoaxUponUs was primarily a bankruptcy lawyer before she went into mind poisoning, and currently voter sanctioned larceny.
    Her take on what the law says is very limited in scope.

    Liked by 16 people

  12. America First says:

    Elizabeth Warren, with her phony, ditzy, self-righteous, liberal prude act, is the most repugnant Democrat of them all to me. She is a total persona created for Massachusetts liberals who no doubt dig her goofy church lady/Margie from Fargo speech. In the end, she is as corrupt as any of them and is in no way the guardian of the common folk she puts her self forth as. Massachusetts- your Pocahontas is a SHAMELESS FAKE AND CROOK.

    Liked by 15 people

  13. thesavvyinvester says:

    “So I agree with Rich Cordray: this needs to be decided in the courts.”

    It has been the Courts, the Courts of the: DOW, NASDAQ, S & P 500 and so many more. Like the lamacoid sign just above the hand hold of the Replica 427SC Cobra I once saw at Limerock said: Get in, Sit Down, Hang On and Shut Up. because the economy is rockin’ no matter what you try to do to it or get in a position of control.

    My guess is some in the Senate, not to mention any names, are tooo stoooopid to realize freedom to produce, make economic decisions without a bureaucratic organization give you the “10 year Exam” once you hit 50 whether you want it or not, leads to things like a GDP pushing 4% ( oh IMHO it is going way higher ) and Christmas sales up 18%. We could care less about an alphabet soup organization that micro-manages out lives, when all us deplorables want to do is to left the heck alone… Go away you Nanny!

    Liked by 8 people

  14. Landslide says:

    “Do I apologize for calling her Pocahontas? Yes. I apologize to Pocahantas.” 😁

    Liked by 6 people

  15. Vince says:

    I caught the last part of a smug interview on NPR shortly after the election. They were absolutely confident that CFPB would remain unscathed, as its funding sources were tucked away into authorization bills that were in their minds politically untouchable. I guess it was invincible, except for one tiny vulnerable spot.

    Liked by 14 people

  16. keebler AC says:

    I posted too late to the other thread, re-posting!

    Liawatha be like,

    “In [my vacancy], my secretary can take your message…”

    “I’m [vacant] to take your phone call, please leave a message…”

    Liked by 4 people

  17. jackphatz says:

    “Cordray left the agency in November 2017, amid widespread speculation that he would declare his candidacy for governor of Ohio.”

    Oh Lordy!! We already have too many ‘Kasich lite’ types running for Gov here. Funny but the Dem’s only have their retreads to promote, no one new.

    Liked by 4 people

  18. Publius2016 says:

    Let’s get this straight, ok? The man was elected President by the American People…anyone in the Executive Branch may be fired by President Trump…those losers like Radioactive Mueller stay at his discretion due to the co-equal branch of the Congress…it so sad he has to worry that his own party will knife him in the back if they get the chance so the President allows the Swamp a few more moments in the sun until he chooses The Match and the Rate of Burn…he’s got this…

    Liked by 6 people

  19. Summer says:

    The Memorandum states that, basically, it can be ruled by court either way. We all know what kind of judge Pocahontas and Co. would select. Mulvaney needs to move into the office right away and install a new lock. Then fire everybody, including What-s-her-name.

    Liked by 2 people

    • Katherine McCoun says:

      But it also says that Mulvaney could instantly, easily and legitimately be appoint as the actual Director at any time because he is already an appointment confirmed by the Senate. President Trump could just appoint him until such time as another appointee could be confirmed. If he made Mulvaney officially the director it would settle the whole matter until someone else could be confirmed and then Mulvaney moved back, right? If that is what they want to do. At least, that is my non lawyer understanding of what I just read.

      Liked by 2 people

    • tony5460 says:

      I don’t think that is what the Memo says. The conclusion from the memo is, basically, both Vacancies Reform Act and the office specific statute are available to fill a vacancy in that office on a acting basis. And the best part is the PTOUS gets to decide which rule to use!

      Liked by 6 people

  20. CharterOakie says:

    Dontchahauntus, Fauxcahontas!

    Liked by 1 person

  21. joeknuckles says:

    Like Bernie Sanders, all Pocahantas does is spread racial hatred and class envy. They need to be called out for it every day until it sinks in.

    Liked by 4 people

  22. MIKE says:

    High cheekbones, dontcha know…


  23. Lester Smith says:

    She is going off the reservation again. Trying to start fires and sending smoke signals of nonsense. She always has a ax to grind and refuses to bury the hatchet. She promised to work for the people but has shown her true colors. She is an Indian giver and has no credibility. Go to court and be the ass we all know you are. Loooser!

    Liked by 1 person

  24. tsharkeynj says:

    Glad Poca is seething/


  25. Howie says:

    She on warpath…


  26. Maquis says:

    That’s beautiful. Fauxcahontas can suck it. She won’t get to run America into the ground in an untouchable all-powerful “executive” agency, and she can’t stop PDJT from saving America, though Pale-Squatter would make a wonderful sacrificial fail candidate in 2020.



  27. yakmaster2 says:

    Look for Hoaxuponus (hat tip, Treeper) to become even more unhinged as the Lion starts chewing on her precious baby (CFPB). She adopted it as her own. 😉

    Liked by 2 people

  28. She protests too much. I wouldn’t be surprised if there is a major scandal inside the department that she she doesn’t want to get out.

    Liked by 2 people

    • shirley49 says:

      First thing I thought also. Either she is going to get involved in a scandal or a money spigot is going to get turned off because her guy is nor longer there. DC is nothing but a corrupt cesspool. TERM LIMITS


      • formerdem says:

        thing about term limits is they empower the permanent NON-elected class of DC denizens, and also enhance the incentive for legislators to try to get in on that as their post-career.


    • WSB says:

      If I am not mistaken, this is the vehicle through which the Obama administration created a shake down operation to launder funds to liberal causes. Let the scandal un-peeling begin!


  29. Patriot 1 says:

    Elizabeth Warren doesn’t want consumers to have protection!

    Liked by 1 person

    • Jenny R. says:

      No, because that is how she has made money in the past — remember, she flipped foreclosed houses for profit.
      I wonder if she has invested in this as a way to line her pockets…hmmm….

      Liked by 2 people

  30. Nunya Bidness says:

    Surely there is a District Court judge who can issue a permanent injunction against Trump on this matter!


  31. Flight93Gal says:

    Fauxchahontas or Liawatha? I like them both but I think I prefer Liawhatha–so precise!!!!


  32. tony says:

    so who was next in line that warren could have controlled? that she so badly wants in there.


  33. TeaForAll says:

    Is Lizzy in PANIC mode or what. What is she hiding, time to drain this swamp CFPB

    Liked by 1 person

  34. THE question is why is Warren acting like this?

    Liked by 1 person

    • Jenny R. says:

      Money…follow it!
      Also, remember, Warren was supposed to be the head of this monstrosity, and she designed it. It was supposed to be her ticket to either the White House or permanent senatorship.
      Remember that Warren made quite a bit of money on foreclosed homes — what does the CFPB do (at least on the shiney news print people see)?
      She was expecting Hillary to win. She was not expecting to have the CFPB looked into.
      I think there is something there that could sink her, no?

      Liked by 1 person

  35. Blacksmith8 says:

    fauxahontas is now fauxalawyer?
    the stupid is strong with this one.


  36. Deplorable Ukie says:

    Over the years, CFPB issued a chain of destructive litigation to the US banks. Cordray’s last “crowning glory” pitch for the arbitration rule aimed at making class action lawsuits against the banks so much easier. The President refused to support Cordray’s pitch, and stopped the wave of destruction by sending Cordray out to greener pastures. The banks may focus now on putting the latest financial technology at the customers’ fingertips. Thank you, Mr President!

    Liked by 1 person

  37. tonyE says:

    The Democrats are trying a putsch and this is going to backfire.

    The second the deputy attempts to take over as director she’s committing insubordination and can be fired for cause.

    The Progressives are upping the ante here and breaking the law. I’d like so see Sessions step in here and apply the RICO laws.

    Liked by 2 people

  38. Mulvaney has been a very very very pleasant surprise as a Trump appointment. I was originally none-too-pleased with it, but since then… 🙂


  39. Pingback: Lizzy’s Brainchild About To Get The Axe – IOTW Report

  40. Deborah @UnTamedInSD says:

    #MAGA Winning! That is all…


  41. All Too Much says:

    Given no congressperson or senator, or their respective staff, don’t write legislation, it would be interesting to now the identities of the lobbyists and client ho did write it.


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