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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLeandra English has filed suit, and a temporary restraining order against Mick Mulvaney & Trump
Link to tweet
dalton99a
(81,570 posts)Sneederbunk
(14,298 posts)Gothmog
(145,525 posts)This will be fun to watch
grantcart
(53,061 posts)CaliforniaPeggy
(149,693 posts)marble falls
(57,177 posts)CurtEastPoint
(18,658 posts)marble falls
(57,177 posts)CurtEastPoint
(18,658 posts)marble falls
(57,177 posts)CurtEastPoint
(18,658 posts)Takket
(21,620 posts)sheshe2
(83,879 posts)nolabear
(41,991 posts)I dont know what will come of this but Im glad responsible people are fighting this damned travesty.
NBachers
(17,136 posts)meow2u3
(24,771 posts)Very brilliantly worded!
pangaia
(24,324 posts)irisblue
(33,020 posts)Brooks Brothers riot any one?
lindysalsagal
(20,727 posts)Eliminating banking oversight?
sarah FAILIN
(2,857 posts)Basically the CFPB has been making life very hard for the banking industry.. Imagine that, protecting the consumers instead of the banks.. how dare they ? Except for it being, ya know, their job.
Link to tweet
Link to tweet
lindysalsagal
(20,727 posts)IronLionZion
(45,523 posts)Yeah, except for their record profits and stock prices.
Nevernose
(13,081 posts)Which, under every scrap of American law that I've ever heard of, doesn't go into effect until he his notice says he's quit. I.e., two weeks notice is just that: notice.
Trump's Office of Legal Council, working under the direction of Sessions, decided that wasn't accurate.
Last week the head of the CFPB gave his two weeks' notice. Friday, a week before his resignation, he appointed an assistant/deputy. Sneaky, but totally legal.
The 2010 law says that the CFPB gets to appoint the first deputy, and that the first deputy is automatically promoted to be acting director when the sitting director left (probably done because the ATF hasn't had a director since roughly 1066 AD).
Trump's Office of Legal Council has made up a bunch of bullshit, citing a 1998 law. It's clearly bullshit. Painfully obvious bullshit. Malpractice-worthy bullshit. Goes against precedent, common sense, the general & specific rules, and the law itself: both the 1998 law cited and the 2010 revision.
But with Gorsuch, who knows what will happen?
Nevernose
(13,081 posts)If they didn't know that they had a friend in Gorsuch, this would be laughed out of court.
Under almost any other circumstances, the opinion issued by the Office of Legal Council might be grounds for a vexatious litigation complaint, referrals to the bar, sanctions, that kind of shit. Who pays their malpractice insurance? Us, probably. If they were my lawyer and they gave this kind of patently dubious advice, I'd sue for malpractice way before Leandra English could have filed her complaint.
Here's the Office of Legal Counsel's argument, for the record and so you can see for yourself.
https://www.justice.gov/sites/default/files/opinions/attachments/2017/11/25/cfpb_acting_director_olc_op_0.pdf
It violates precedent and the Plain Meaning rule so valued by "Originalists." It goes against the general rules that the newer law takes precedent, that the specific takes place over the general and mandatory language over the permissive. It violates both the implied intent of the 1998 congress and their stated intent. It violates not only common sense, but the plainest possible interpretation of the law.
These people, assuming they didn't go to Heritage University, should be completely fucking ashamed of themselves. Embarrassed. Humiliated. Afraid to go to Starbucks because they think people might recognize them and their shittiness.
But, again: Gorsuch completely changes things. Thanks, Susan Sarandon!
Upthevibe
(8,071 posts)Nevernose
(13,081 posts)Either because Im obtuse in general, or, in the immortal words of Danny DeVito, Im donkey brained.
Demit
(11,238 posts)and just clicked on your comment instead.
Your comment is GREAT, by the way, and made me lol.