PILOT SPIN
Spin Zone => Spin Zone => Topic started by: Lucifer on November 27, 2017, 07:11:00 AM
-
https://townhall.com/tipsheet/leahbarkoukis/2017/11/27/cfpb-official-sues-trump-over-leadership-pick-n2414542
The progressives will just try to use the courts and activist judges to control the President on every decision. This is getting ridiculous beyond belief.
And as I pointed out previously, ths is why the alt left progressives are so desperate to get control of the senate as the President has been appointing lots of judges, which further damages the progressive agenda. And they know the President is on the cusp of appointing another, if not two more, Supreme Court judges which will alter the court for decades.
-
The founder of the ACLU proudly claimed that they would use the courts to circumvent democracy and nothing has changed.
Liberals can't flourish within a Democratic Republic, so hijacking the law is their only option.
-
Here is Shapiro's take (and the most relevant part of the article):
This led to a supposed legal conflict: under the Federal Vacancies Reform Act of 1998, Trump could appoint the acting director, but under Dodd-Frank, the deputy director becomes acting director in cases of “absence or unavailability.” That’s not really a conflict: absence and unavailability generally do not include resignation. And if they did, that would pose a serious separation of powers issue, since the new acting director wouldn’t be approved by the Senate or appointed by the president. But Cordray appointed English anyway, and English is now pretending that she runs the place.
http://www.dailywire.com/news/23995/trump-right-appoint-new-cfpb-head-and-democrats-ben-shapiro
-
Here is Shapiro's take (and the most relevant part of the article):
http://www.dailywire.com/news/23995/trump-right-appoint-new-cfpb-head-and-democrats-ben-shapiro
Additionally, the Vacancies Act applies. This limits the amount of time someone can be placed in a temporary appointment. For the previous director, that time was 300 days after Jan 20, this occurred on Nov 17. Technically, anything the previous director did between Nov 18 and the 24th when he "resigned" is meaningless because his term has expired 6 days earlier.
But beyond that, the temporary assistant is no longer needed as acting director since there is now a temporary director appointed and a director is no longer unavailable.
-
The CFPB general counsel agrees with the White House:
https://twitter.com/chrisgeidner/status/935000972279115776
The judge who will hear the case is a Trump nominee, confirmed in September:
https://twitter.com/chrisgeidner/status/935202833112104960
-
https://townhall.com/tipsheet/leahbarkoukis/2017/11/27/ha-heres-what-mulvaney-told-cfpb-staffers-about-leandra-english-n2414655
The whole situation is making for a rather awkward environment at the agency, with English sending staffers a welcome back from the holiday email Monday morning, signing the email “acting director” while Mulvaney brought donuts to work.
He also told staffers they should not listen to English.
“Please disregard any instructions you receive from Ms. English in her presumed capacity as Acting Director,” Mulvaney told staffers in memo. “If you receive additional communications from her today… please inform the General Counsel.”
He, too, signed his email “acting director” and invited employees to stop in his office to “grab a donut.”
(https://media.giphy.com/media/KfFoW1uXefdEk/giphy.gif)
-
It's a pretty simple thing to me - English was appointed acting director by virtue of there not being a director. Mulvaney was appointed acting director by the White House, so English's services as acting director are no longer needed. That part is clear.
The question is can the White House appoint an acting director? According to the Vacancies law, yes, it's a legitimate and legal appointment. So, end of drama.
Now, what about English's power grab? She doesn't seem to suited to her work.
-
It's a pretty simple thing to me - English was appointed acting director by virtue of there not being a director. Mulvaney was appointed acting director by the White House, so English's services as acting director are no longer needed. That part is clear.
The question is can the White House appoint an acting director? According to the Vacancies law, yes, it's a legitimate and legal appointment. So, end of drama.
Now, what about English's power grab? She doesn't seem to suited to her work.
She is an Obama hack and of course is entitled, in her feeble mind. How dare a POTUS of an opposition party use the law as written.
Here is another thing going on beneath the scenes that the msm doesn’t want you to know. Trump has been systematically draining the swamp. The State Dept under Tillerson has been dumping non essential embedded Obama beauracrats. The VA has been firing employees that are substandard. Other agencies are cutting back and dumping personnel.
The panic of the progressives is getting bad as they are rapidly losing ground. Look for more insanity to take place.
-
Trump wins again. As always.
https://www.yahoo.com/news/judge-rules-favor-trump-over-fate-consumer-watchdog-220921917--finance.html
-
Well, it will be appealed so it hasn't played out yet. But her argument is essentially "Trump cannot appoint an acting director because there already is one." It's a silly argument.
-
Well, it will be appealed so it hasn't played out yet. But her argument is essentially "Trump cannot appoint an acting director because there already is one." It's a silly argument.
The only real argument the left has is that Trump can't appoint an acting director, because they don't like Trump. Legal arguments have nothing to do with it.
-
Trump wins again. As always.
https://www.yahoo.com/news/judge-rules-favor-trump-over-fate-consumer-watchdog-220921917--finance.html
I'm sure English and her team actually expected to win. The outgoing director is planning to run for governor of Ohio and was likely using this to rally his base.