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Politics : A Real American President: Donald Trump

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To: Honey_Bee who wrote (52777)11/27/2017 8:05:46 AM
From: Mrjns9 Recommendations

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I guess that's good News - Liberal heads exploding?

Here's the WSJ editorial on the CFPB fiasco - POTUS should fire the Deputy Director that just filed a lawsuit

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Richard Cordray’s Political Stunt

The Ninth Circuit upheld Lafe Solomon’s appointment under the Vacancies Act as general counsel of the National Labor Relations Board, noting that neither the Vacancies Act nor the National Labor Relations Act “is the exclusive means of appointing an Acting general counsel” and that “the President is permitted to elect between these two statutory alternatives.”

In other words, Mr. Trump is acting well within his legal authority. If Ms. English resists, it would be cause for immediate dismissal. Dodd-Frank lets the President fire the director for cause, and resisting a President backed by the legal arguments of the Justice Department would qualify. A presidential order supported by Justice is presumed to be legitimate unless it is overturned by an Article III court.

This fiasco underscores that the CFPB is a rogue agency whose structure is an affront to the Constitution’s separation of powers. A panel of the D.C. Circuit Court of Appeals ruled in PHH Corp. v. CFPB that the “independence” Mr. Frank so prizes is unconstitutional and that the bureau’s director must be subject to presidential authority. The full circuit, which former Democratic Senate leader Harry Reid packed with Obama nominees in 2013, vacated the decision while it considers the case en banc.

It’s possible that Mr. Cordray planned all this with the hope of creating an incident Monday when business opens at the CFPB. And, lo, late Sunday evening Ms. English sued the Trump Administration claiming Mr. Mulvaney’s appointment is illegal. On Monday morning she could refuse to vacate what she claims is her office and will have to be escorted out. Mr. Cordray and Democrats will portray her and Mr. Cordray as heroes of “the resistance,” the better to raise his name recognition as he runs for Governor of Ohio next year.

The Trump Administration is destined to prevail as a matter of law. But the episode shows that hostility to Mr. Trump is causing his opponents to violate the rule of law themselves. Democrats created an executive-branch agency insulated from Congressional appropriations and presidential control, and now they claim to be able to run it like a branch of government unto itself with a self-sustaining directorship. This is a perversion of constitutional government that the President is right to resist and the courts should reject.
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