President Trump’s latest court victory proves to Democrats that he is the duly elected president with the authorities of that position.
According to The New York Post, there’s been a power struggle between President Trump and Democrats over who can appoint the new head of the Consumer Financial Protection Bureau. Judge Timothy Kelly ruled that President Trump has the final say, rejecting the emergency restraining order imposed on his appointee.
The issue arose when the former head of the Consumer Financial Protection Bureau, Richard Cordray, resigned from the position and chose his deputy director Leandra English to fill the spot.
Seeing the vacancy, President Trump appointed Mick Mulvaney, the White House’s budget director to fill the position. Both Mr. Mulvaney and Ms. English showed up to work, each ready to fill the role as acting head of the CFPB.
According to another article in The New York Post, Ms. English filed a lawsuit with the Washington, DC federal court asking for an emergency restraining order to prevent Mr. Mulvaney from filling the position.
Mulvaney showed up to the office with a memo for the CFPB staff from the White House saying that he was to be given full access to the director’s office and required “full cooperation” from all staff.
The memo stated: “Please disregard any instructions you receive from Ms. English in her presumed capacity as Acting Director. If you receive additional communications from her today … please inform the General Counsel.”
Ms. English sent out her own memo via email to the CFPB staff that read, “it is an honor to work with all of you” she also thanked them “for [their] service.”
Both Mr. Mulvaney’s memo and Ms. English’s email were signed “acting director.”
Lawyers representing Ms. English argued that under the Dodd-Frank Wall Street Reform Act, deputy directors may take over the head position if it becomes vacant for whatever reason. The Justice Department fired back that as President of the United States President Trump has full authority to name the new director as he sees fit.
CFPB general counsel Mary McLeod sided with the White House ,saying that President Trump’s appointee should fill the position. Division heads within CFPB directed staff to view Mr. Mulvaney as the acting director during the legal debate.
Press Secretary Sarah Huckabee Sanders issued a statement criticizing the former director saying: “There should be no question that Director Mulvaney is the Acting Director. It is unfortunate that Mr. Cordray decided to put his political ambition above the interests of consumers with this stunt.”
Democrats argue that President Trump doesn’t see the importance of the CFPB and wants to cripple it via Mr. Mulvaney. Sen Dick Durbin (D-IL), told reporters “Wall Street hates it like the devil hates holy water. And they’re trying to put an end to it with Mr. Mulvaney stepping into Cordray’s spot.”
Sen. Lindsay Graham (R-SC), fired back saying the department has caused more problems than its solved and needs some changes: “Really no oversight at all. They can get into everybody’s business. I don’t think they added much at all to the consumer protection. They sure add a lot to increasing costs for midsize banks throughout the country that had nothing to do with the financial collapse.”
Judge Kelly’s ruling supports President Trump’s authority to declare the appointee for the position. The spokesman for the White House, Raj Shah, told reporters: “The Administration applauds the court’s decision, which provides further support for the president’s rightful authority to designate Director Mulvaney as Acting Director of the CFPB.”
A federal court has sided with Pres. Trump on his authority to place a CFPB chief. Do you agree with the judge?
He criticized Democrats attempting to interfere with President Trump’s authority saying: “It’s time for the Democrats to stop enabling this brazen political stunt by a rogue employee and allow Acting Director Mulvaney to continue the bureau’s smooth transition into an agency that truly serves to help consumers.”
As President of the United States, Mr. Trump has the authority to appoint individuals to positions within various departments, regardless of how Democrats feel about his leadership. Though doubtful, perhaps now Democrats will recognize him as the duly elected president and acknowledge his authority with this court ruling.