Responses: 3
If they have two conflicting laws of equal status the courts are the only ones to sort it out one way or another. Luckily we still have the courts, some of which may actually still be honest, unbiased, nonprejudicial, and nonpartisan
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Sgt Wayne Wood
the problem is separation of powers. this agency was created by Obummer to be beyond the scope of Congress which puts it purely in the purview of the President. either that or it's a government unto itself (which is unconstitutional).
if you follow the REAL law... Trump wins this one.
if you follow the REAL law... Trump wins this one.
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CPO (Join to see)
Sgt Wayne Wood - You seem to be mistaken. If the CFPB was "purely in the preview of the President" then this matter would not have had to go to court. The President simply could have installed his personal choice without issue. The fact that CFPB was set up to avoid Presidential prerogatives is what caused this to go to court.
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CPO (Join to see)
Unfortunately this judge is a brand new Sep 2017 Trump appointee with no previous judicial experience, so it is easy to argue bias or a quid pro quo conflict of interest. The American Bar Association usually works with each administration to evaluate judicial candidates, but the White House told the ABA earlier this year that it will not follow the tradition — a practice of by every president except George W. Bush since the 1950s.
Trump has long sought to weaken or abolish the CFPB, saying too many regulations are suffocating lending and has forwarded changes that screw over consumers in favor of banks. With all of Wells Fargos criminal activity and the massive data breach at Equifax, Trump has denied consumers their day in court. Mulvaney sought to dismantle the CFPB when he served in the House of Representatives (Rep, SC). Mulvaney is also the head of the White House Office of Management and Budget (OMB) https://www.whitehouse.gov/omb How can the CFPB be an independent agency if the acting head is a current WH official charged with carrying out the President's vision?
Generally, don't the newer laws overrides older laws? The newer Dodd-Frank law states that the Deputy Director "shall . . . serve as the acting Director in the absence or unavailability of the Director." If Congress passed Dodd-Frank, then the court should assume they put that succession mandate in the law for a reason.
https://www.housingwire.com/articles/41804-what-does-cfpb-cordray-think-about-trump-revoking-the-arbitration-rule
https://www.whitehouse.gov/the-press-office/2017/11/01/president-donald-j-trump-signs-hjres-111-law
http://www.businessinsider.com/gop-trump-bill-kill-obama-cfpb-arbitration-lawsuit-rule-2017-10
Trump has long sought to weaken or abolish the CFPB, saying too many regulations are suffocating lending and has forwarded changes that screw over consumers in favor of banks. With all of Wells Fargos criminal activity and the massive data breach at Equifax, Trump has denied consumers their day in court. Mulvaney sought to dismantle the CFPB when he served in the House of Representatives (Rep, SC). Mulvaney is also the head of the White House Office of Management and Budget (OMB) https://www.whitehouse.gov/omb How can the CFPB be an independent agency if the acting head is a current WH official charged with carrying out the President's vision?
Generally, don't the newer laws overrides older laws? The newer Dodd-Frank law states that the Deputy Director "shall . . . serve as the acting Director in the absence or unavailability of the Director." If Congress passed Dodd-Frank, then the court should assume they put that succession mandate in the law for a reason.
https://www.housingwire.com/articles/41804-what-does-cfpb-cordray-think-about-trump-revoking-the-arbitration-rule
https://www.whitehouse.gov/the-press-office/2017/11/01/president-donald-j-trump-signs-hjres-111-law
http://www.businessinsider.com/gop-trump-bill-kill-obama-cfpb-arbitration-lawsuit-rule-2017-10
Office of Management and Budget
About | Information for Agencies | Budget | Public Releases | OmB Offices The Office of Management and Budget (OMB) serves the President of the United States in overseeing the implementation of his vision across the Executive Branch. Specifically, OMB’s mission is to assist the President in meeting his policy, budget, management and regulatory objectives and to fulfill the agency’s statutory responsibilities.
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The CFPB isn't supposed to be accountable to the President. It's supposed to be accountable to the American People that it provided protective services from corrupt business practices. Just like the Office of President is supposed to be accountable to the American People but this White House seems to forget that.
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CW5 Edward "Tate" Jones Jr.
As did the last Director of the CFPB. CFPB was an extortion agency that collected billions of unaccountable monies for distribution to other liberal favorites of the previous administration.
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MAJ James Woods
CW5 Edward "Tate" Jones Jr. - Really? The estimated $12B collected by the CFPB through legal actions didn't go back to the consumers who filed the complaints of fraud and malpractices by businesses. Remember the Well Fargo scandal? CFPB led the legal action that got customers back their money. Get bent.
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CW5 Edward "Tate" Jones Jr.
Very adult of you. PS: I’m a Wells Fargo customer of 30 years. Got $2.50 cents from them. Check out just where that money went. Overwhelming to liberal “nonprofit” shill organizations.
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MAJ James Woods
CW5 Edward "Tate" Jones Jr. - Thanks. I do my best. You got $2.50; other customers received more or nothing at all but I'm sure you rather believe a non profit liberal organization took any money that you felt should've been obligated to you. Oh well. With a corporate loving shill now in charge, expect less transparency in complaints against businesses cheating their customers. Enjoy.
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If it was created by the POTUS then let him fund it. If I were Congress I would not fund for next year.
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MAJ James Woods
Yeah cause the CFPB hasn't done nothing for the American people since it's creation other than fought for their protection from corrupt practices by financial institutions and businesses. Last thing we need is another financial crisis and fraud from businesses like Wells Fargo.
CNN Money: "The CFPB claims to have recovered $12 billion in relief for nearly 30 million consumers. It's gone after banks, debt collectors and student loan providers over shady and illegal business practices. Last September it hit Wells Fargo (CBEAX) with a whopping $185 million fine for setting up unauthorized bank accounts."
CNN Money: "The CFPB claims to have recovered $12 billion in relief for nearly 30 million consumers. It's gone after banks, debt collectors and student loan providers over shady and illegal business practices. Last September it hit Wells Fargo (CBEAX) with a whopping $185 million fine for setting up unauthorized bank accounts."
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MSG Jay Jackson
So if Trump wanted to create more departments like this it would be ok? No this is the job of Congress. I love that they recovered some money but they need oversite.
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CPO (Join to see)
MSG Jay Jackson - So obviously you are arguing on a subject you little, if anything about. The CFPB was not created by POTUS and it helps consumers from getting screwed
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MSG Jay Jackson
My mistake. But the fact remains that it has very little over site. Also the POTUS won the case about who appoints the head of the agency.
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