In the continued effort to oppose President Trump wherever they can, Leftists have resorted to attempting to block federal appointments made by the President. They’re doing everything in their power to oppose every decision he makes.
According to NBC News, the resistance efforts have been executed against an appointment to the Consumer Financial Protection Bureau (CFPB). President Trump’s nomination of the White House Budget Director for the CFPB has been challenged with a lawsuit — a lawsuit attempting to block the President’s power to determine who leads the Obama-era agency.
When Obama-appointee Richard Cordray announced his resignation as the CFPB board director early in the month, the CFPB quickly attempted to appoint a new director to usurp a President Trump appointee. In Cordray’s resignation letter, he told President Trump that chief of staff, Leandra English, would serve as deputy director.
In an email to his staff, Cordray wrote: “In considering how to ensure an orderly succession for this independent agency, I determined that it would be best to avoid leaving this key position filled only in an acting capacity.”
President Trump sought to appoint White House Budget Director, Mick Mulvaney, to serve as interim director of the CFPB. The appointment has been challenged at the federal court level after the acting director, Leandra English, filed suit against President Trump and Mr. Mulvaney.
The CFPB was a government agency created during the Obama administration thanks to the disastrous 2010 Dodd-Frank financial industry law. The law, which created the CFPB, states that the deputy director may serve “as acting director in the absence or unavailability of the director.”
However, it’s unclear how “absence or unavailability” is defined.
The law also states “the Director shall be appointed by the President, by and with the advice and consent of the Senate.” The wording of the law seems to imply that the deputy director is only qualified to serve as acting director when the absence or unavailabilities are temporary in nature. Otherwise, the clause granting the President nominating authority over the director position would not be included in the law.
White House spokeswoman, Sarah Huckabee Sanders, spoke out against the lawsuit. “There should be no question that Director Mulvaney is the Acting Director,” she said. “It is unfortunate that Mr. Cordray decided to put his political ambition above the interests of consumers with this stunt.”
English’s lawsuit was filed one day after the Department of Justice released a memo stating that the CFPB is under the authority of the Executive Branch, and as such, President Trump has the authority to name a new director. In the eight-page memo, the DOJ’s Office of Legal Counsel concluded “The President may designate an Acting Director of the CFPB,” citing the Federal Vacancies Reform Act, which allows a president to appoint a temporary director of an executive agency such as the CFPB.
The resigning-Director of the CFPB attempted to name his own replacement to usurp President Trump’s authority to name a new director. Is this an Obama-appointee end-run around President Trump?
A top lawyer in the CFPB itself also agreed that President Trump has the authority to appoint a new director. CFPB’s general counsel, Mary McLeod, stated: “It is my legal opinion that the president possesses the authority to designate an acting director for the bureau.” She added, “I advise all bureau personnel to act consistently with the understanding that Director Mulvaney is the acting director of the CFPB.”
This is yet another example of Leftists’ attempts to undermine President Trump and cling to the legacy of the Obama administration. Hopefully, the case will yield a decision in favor of President Trump and his rightful authority.