The whole problem with the world is that fools and fanatics are always so certain of themselves, and wise people so full of doubts.—Bertrand Russel
Trump illegally appointed Mick Mulvney, his budget office director, to usurp the lawfully appointed acting director, Leann English. Mick Mulveny showed up at the Consumer Financial Protection Bureau Monday morning with donuts and sent out an email to all employees to "stop by the fourth floor to say hello and grab a donut."
He then told them that he was in charge:
“[I]t has come to my attention that Ms. English has reached out to many of you this morning via email in an attempt to exercise certain duties of the Acting Director. This is unfortunate but, in the atmosphere of the day, probably not unexpected,” he wrote.
“Please disregard any instructions you receive from Ms. English in her presumed capacity as Acting Director. ... If you receive additional communications from her today in any form, related in any way to the function of her actual or presumed official duties (i.e. not personal), please inform the General Counsel immediately.”
I have to admire how indignantly and brazen the rightwing acts when they are absolutely in the wrong. It is about as infuriating to watch as it is to witness how sheepish our side acts when we are absolutely in the right.
The obvious problem with Mulvney’s email is that he is, in fact, not in charge.
Dodd-Frank makes it very clear that the CFPB as an independent agency, and the director picks the replacement. The official who should be leading the agency is named Leandra English. She was named acting director by Richard Cordray, the former director. Further, Article II of the US Constitution makes it very clear that Congress—not the president—picks officers for these types of agencies. Even if you somehow disagree with that, the appropriate action is to let the Courts decide—which they will do. Ms. English has asked the Courts to intervene.
What I was waiting for was her email response. There isn’t many times I wanted to be a government official—but OH, I would have LOVED to be in her shoes this morning.
Here is the email I would have sent. (Leandra—feel free to use):
Regarding the prior email from Mick Mulvney, Trump’s Budget Director: I will not tolerate any usurpation of this office. The President has no authority whatsoever to appoint a lackey in this organization, as the Courts will soon show.
First, the bill creating our agency, 2010's Dodd-Frank act, explicitly established the CFPB as an independent agency. It is beyond extraordinary to appoint someone to run the agency while still working for the White House. This runs contrary to principle and mandate established by law.
Secondly, the Dodd-Frank Act states that the director of the CFPB has sole discretion to pick his assistant director, and that the assistant director will assume interim leadership if the director resigns. Again, the President’s action runs contrary to the law.
Third, the most foolish argument I have heard is from Sen. Tom Cotton, that somehow my appointment is "unconstitutional." I invite Sen. Cotton to read Article II, Section II:
[The president] shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Sen. Cotton has repeatedly embarrassed himself with his lack of understanding of the Constitution, including when Iran’s Foreign Minister had to explain to him what was in it. As you can plainly read, Congress and Congress alone vests the appointments of “inferior officers”—which is the category the director of the CFPB falls under.
Fourth, Mulvaney has previously declared that he would like the CFPB dismantled, and that this agency is a “sick, sad joke”. He would be a particularly egregious choice even under lawful standards—but luckily he isn’t.
Lastly, and I think this point needs to be made clear: the President is clearly not in his correct state of mind to make this or any other appointment. Just today, President Trump stated that he never said the words we all heard in the Access Hollywood tape—despite his own admission and apology that he offered less than a year ago. The president called it a “conspiracy”, just as he did when he reprehensibly ignored 3 million voters by stating they didn’t exist. Clearly, the president should be receiving medical treatment for his mental deterioration--not encouragement for illegal actions by GOP senators.
With that in mind, as Acting Director I direct the following:
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Mulvaney is here illegally. He is currently squatting in an office on the fourth floor. He is delusional and no one should regard any directives or proclamations from him to be coming from a legitimate authority. Ignore them—especially the ones he makes that will attempt to dismantle our agency.
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Keep copies of any email, and make a note of record for any verbal contact Mick Mulvney initiates with you. They will become part of the deposition.
In our short existence, we have given back over $12 billion to consumers who were defrauded and cheated by big banks and Wall Street. This has painted a huge target on our backs, and this is just the latest attempt to disrupt our good work.
We will get through this together, and continue to do right by the people despite the forces that are determined to do them harm.
Thank you,
Acting Director
Leandra English
Update: Leandra English filed a restraining order against Mulvney. NOW this is resistance!!