The Consumer Financial Protection Bureau (CFPB) was the brainchild of Senator Elizabeth Warren as an outcome of the Dodd-Frank legislation. With the CFPB Pocahontas tried to set up the head of the agency, the Director, in a manner that that he/she would operate without oversight. Unfortunately, her dictatorial-fiat-design collapsed when challenged in court. Backstory #1 – Backstory #2
A federal court found the CFPB Director position held too much power and deemed it unconstitutional. The court decision noted that giving the President power to fire the Director would fix the constitutional problem.
However, with the prior court ruling as a backdrop, a second issue for Warren surfaces as an outcome of the current CFPB Director, Richard Cordray, resigning and President Trump appointing an ‘interim’ head for the agency.
Senator Warren, apoplectic at the thought of CFPB critic Mick Mulvaney acting as head of the agency, wants the Deputy Director, Leandra English, to become Acting Director and points to Warren’s legislative outline as evidence to support her demand. Except it doesn’t…. not even a little bit.

The language Pocahontas points to in the CFPB construct, points to the Deputy Director filling in during the “absence” or “unavailability” of the Director. The statute clearly does not provide a mechanism when the Director position is “Vacant”.
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