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Leandra English has filed suit, and a temporary restraining order against Mick Mulvaney & Trump (Original Post) HipChick Nov 2017 OP
Excellent dalton99a Nov 2017 #1
Mulvaney probably wishes he had thought of that. Sneederbunk Nov 2017 #2
Trump keeps on losing these lawsuits. Gothmog Nov 2017 #3
Yeah but this is short term only unfortunately grantcart Nov 2017 #15
Good for her! A very smart move indeed. n/t CaliforniaPeggy Nov 2017 #4
"John Michael Mulvaney in his capacity as a person claiming to be acting director".... marble falls Nov 2017 #5
LOLLLLLL on 'person CLAIMING to be...' CurtEastPoint Nov 2017 #9
Funniest thing I've ever read in a lawsuit. Too good to be true!!! marble falls Nov 2017 #10
I wish they'd said, '...THING claiming to be...' CurtEastPoint Nov 2017 #11
We got solid gold and you're looking for platinum??? marble falls Nov 2017 #12
LOL! You are right! CurtEastPoint Nov 2017 #25
RESIST!!!!!!!!!!!!!!!! Takket Nov 2017 #6
Excellent move. sheshe2 Nov 2017 #7
Front lines of the battle. nolabear Nov 2017 #8
This is historically big NBachers Nov 2017 #13
MULVANEY in his capacity as the person claiming to be acting director meow2u3 Nov 2017 #14
Bravo.. that's the way to go to war pangaia Nov 2017 #16
Don't give an inch. irisblue Nov 2017 #17
OK! Anyone know what's going on? Consumer Protection???? lindysalsagal Nov 2017 #18
Look at the tweets sarah FAILIN Nov 2017 #19
Fuckers. Like they haven't broken enough laws, yet. lindysalsagal Nov 2017 #21
"Financial Institutions have been devastated" IronLionZion Nov 2017 #28
Head of the CFPB gave his notice Nevernose Nov 2017 #22
The chutzpah on Trump's legal team is astounding Nevernose Nov 2017 #20
Cool move.......n/t Upthevibe Nov 2017 #23
Im honestly not sure what that means Nevernose Nov 2017 #24
I think she meant to reply to the OP about Ms English's move Demit Nov 2017 #26
From Prof. Tribe Gothmog Nov 2017 #27
How convincing does it need to be? Republicans control the courts and the legislature. Midnight Writer Nov 2017 #29
Great! At least we're fighting back. Pathetic the admin. has to be sued like this. Shameful. nt Honeycombe8 Nov 2017 #30
This brief will be fun to read Gothmog Nov 2017 #31

marble falls

(57,177 posts)
5. "John Michael Mulvaney in his capacity as a person claiming to be acting director"....
Sun Nov 26, 2017, 10:48 PM
Nov 2017
I hope she makes even bigger monkeys out of them than they already are!!!!

nolabear

(41,991 posts)
8. Front lines of the battle.
Sun Nov 26, 2017, 10:56 PM
Nov 2017

I don’t know what will come of this but I’m glad responsible people are fighting this damned travesty.

sarah FAILIN

(2,857 posts)
19. Look at the tweets
Sun Nov 26, 2017, 11:50 PM
Nov 2017

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.





Nevernose

(13,081 posts)
22. Head of the CFPB gave his notice
Sun Nov 26, 2017, 11:58 PM
Nov 2017

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)
20. The chutzpah on Trump's legal team is astounding
Sun Nov 26, 2017, 11:50 PM
Nov 2017

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!

Nevernose

(13,081 posts)
24. Im honestly not sure what that means
Mon Nov 27, 2017, 02:09 AM
Nov 2017

Either because I’m obtuse in general, or, in the immortal words of Danny DeVito, I’m “donkey brained.”

 

Demit

(11,238 posts)
26. I think she meant to reply to the OP about Ms English's move
Mon Nov 27, 2017, 09:42 AM
Nov 2017

and just clicked on your comment instead.

Your comment is GREAT, by the way, and made me lol.

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