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GOP Furious As Obama Recess Appoints Cordray

Senate Minority Leader Mitch McConnell (R-KY) conducts a news conference along with fellow GOP members on Capitol Hill in Washington, D.C. on November 30, 2011.

No surprise here. Top Republicans are ripping President Obama’s decision to recess appoint his top consumer watchdog, Richard Cordray.

“Although the Senate is not in recess, President Obama, in an unprecedented move, has arrogantly circumvented the American people by ‘recess’ appointing Richard Cordray as director of the new CFPB,” Senate Minority Leader Mitch McConnell said in an official statement. “This recess appointment represents a sharp departure from a long-standing precedent that has limited the President to recess appointments only when the Senate is in a recess of 10 days or longer. Breaking from this precedent lands this appointee in uncertain legal territory, threatens the confirmation process and fundamentally endangers the Congress’s role in providing a check on the excesses of the executive branch.”

House Speaker John Boehner said, “This action goes beyond the President’s authority, and I expect the courts will find the appointment to be illegitimate.”

It’s unclear who would have legal standing to challenge Cordray’s recess appointment, though we’re looking into that and trying to suss out which stakeholders — both in Washington and in the financial services world — would have an appetite for it.

On the unprecedented nature of the appointment, McConnell and Boehner have a decent case. Both parties have used pro forma sessions to avoid recesses and thus block Presidents from making recess appointments — and, kosher or not, Presidents have respected this. Note — this is why some Cordray advocates were hoping to see him recess appointed yesterday, instead of today.

Legal experts have opined on both sides of the argument. Former top Bush administration lawyers argued in 2010 that Obama should pick this very fight with the Senate.

To mitigate the inter-party controversy, Democrats will note that Obama recess appointed Cordray because Republicans had vowed to block all CFPB nominees — in effect crippling it — until the agency was fundamentally weakened by statute. This too was unprecedented, and constituted a nullification of a key part of the Dodd-Frank law over policy objectives Republicans did not have enough backing to enact through the normal legislative process.

But now that Obama has called the Senate’s bluff on the use of pro forma sessions to block recess appointments, either the courts will have to weigh in, or that defensive practice will likely disappear.

Barack Obama, Consumer Financial Protection Bureau, Financial Reform, George W. Bush, John Boehner, Wall Street
Brian Beutler

Brian Beutler is TPM's senior congressional reporter. Since 2009, he's led coverage of health care reform, Wall Street reform, taxes, the GOP budget, the government shutdown fight, and the debt limit fight. He can be reached at brian@talkingpointsmemo.com.

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Lee Lundal 5 pts

We can all rejoice, this waxy looking dude will be in his grave soon.

Matt Brady 5 pts

Ugh. Mitch McConnell- Please crawl back under whatever rock spawned your sorry ass.

ed_danielson 7 pts

These repub clowns disgust me. No matter WHAT Barack does they jump all over him. It irks them that a black man is in charge and they can't handle it. They speak in coded racial tones constantly.

howienica 22 pts

That"s all you got? Race baiting? You are the one that is disgusting. ed_danielson

Cheri Land 6 pts

Ol Mitch, as usual it seems, doesn't admit that We The People appreciate President Obama's appointment of Mr. Cordray. It might be just as great as having Ms. Warren in the job.

agio 535 pts

Republicans should be forced to explain to the American public why they have blocked any and all appointments to the CFPB.

spamonwry 48 pts

Bush43 made 171 recess appointments during his 8 years as unelected president. 95 of them were full-time positions, including the appointment of John Bolton to Ambassador to the UN, even though Bolton opposed the United States' membership in the organization. Here's an official link to the specifics of "recess" appointments:

http://www.senate.gov/CRSReports/crs-publish.cfm?p...\W%3B%20P%20%20%0A

There is one difference from most or all of the other recess appointments of the last three administrations (Clinton, Bush43, Obama): The opposition party opposed the person being nominated by the president is the normal reason for an interim (recess) appointment; in this case, the Republicans are opposed to ANYONE being appointed to the cabinet-level position, no matter who. The repubs also are opposed to the CFPB as is might, or will, restrain the financial industry from abuses, and they can't allow that. Their position is that the financial industry should be able to do whatever they want, including destroying the American economy.

agio 535 pts

Facts speak for themselves, which is why the GOP can only lie. spamonwry

howienica 22 pts

And the fact is that what Obama did was illegal. No surprise. He has been breaking the law for 3 years. He learned well in Chicago. Thank God he will be a one term President. agio spamonwry

Randy Abraham 523 pts

spamonwry Also, several months ago they refused to vote when Elizabeth Warren was the CFPB appointee.

Randolph Lawrence 10 pts

..."arrogantly circumvented the American people" -- this is McConnell stuck in a mirror.

The GOP leadership comes SO close to treason its mendacity is breathtaking.

O I hope they keep it up!

howienica 22 pts

The arrogance is coming from Obama. It really doesnt matter who the Republicans nominate. Our country has had it with this corrupt, lying, disciple of Rev. Wright and Saul Alinsky. He is not only an extremist that has failed on virtually every level, he is nearly as incompetent as Carter. He certainly cannot run on his record, and his attempt to spend one billion dollars to destroy his opponent will backfire on him and the Progressive Agenda. Randolph Lawrence

craigatwoodworks 277 pts

Instead of complaining, the GOP should be explaining why they won't allow the appointment to come up for a vote. If you've got the votes to make it stick, then fine. However, that 60-vote cloture mess isn't in the Constitution...and that should be your operating guide! It's about time the President said "Enough!" and just ignored the party of NO!

howienica 22 pts

Next year when the Republicans control the Senate, let"s see if you feel the same way. craigatwoodworks

Curt Mason 11 pts

Bully for you, Mr. President!! About time these hypocritical bags of hot air got some of their own medicine. Keep up the good work!! For the next 5 years!!

Gloria Shwarts 8 pts

Isn't it time the "GOP" Republican party as well as the "Tea Partyers" all gathered together under the umbrella party called "HYPOCRITES"?

howienica 22 pts

Two years ago, Obama"s own lawyer said this was illegal. So who"s the HYPOCRITE? Gloria Shwarts

tjcodywlfpt 8 pts

You know...You can only kick a dog so long before he bites at you...How do you like that Obama Dog now...Keep kicking...Oh and don't forget.."Obama is going to be a one term President"...I think he has regained a fighting spirit and the Repubs better think twice now!!!

merrymirth 559 pts

If the Senate isn't in recess, how come they're not doing any work? O where O where can they be? Mitch McConnell is bloated with baloney.

spamonwry 48 pts

Merry, I tend to think of McConnell as more the south end of a northbound horse.... merrymirth

howienica 22 pts

You do understand that Harry Reid and the Democrats are the ones that started these procedures, dont you? I guess not. merrymirth

Catie Mccarthy 6 pts

I still don't trust him,he just signed NDAA,so many betrayals,will this turn out to be one more?

Cyberduckie 3911 pts

Catie Mccarthy Concern troll is a troll.

agio 535 pts

and a Concerned one at that! Cyberduckie Catie Mccarthy

Alex ĂŸrown ĂŸurrito Dull 10 pts

He didn't circumvent the people, he circumvented a do-nothing Bagger GOP

Jacob F. Keller 7 pts

How Often Have Recent Presidents Made Recess Appointments? (page 3) President William J. Clinton made 139 recess appointments, 95 to full-time positions. President George W. Bush made 171 recess appointments, of which 99 were to full-time positions. As of December 8, 2011, President Barack Obama had made 28 recess appointments, all to full-time positions. http://1.usa.gov/m6RKEn

howienica 22 pts

You dont get it ,do you? NO PRESIDENT before Obama has ever ignored this rule and made a recess appointment. Jacob F. Keller

jonozols 5 pts

howienicaJacob F. Keller On August 1, 2005, Bush made a recess appointment of John Bolton, to serve as U.S. representative to the United Nations.[8] Bolton had also been the subject of a Senate filibuster. The filibuster concerned documents that the White House refused to release, which Democrats suggested may contain proof of Bolton's abusive treatment and coercion of staff members or of his improper use of National Security Agency communications intercepts regarding U.S. citizens. Having failed to win Senate confirmation, he resigned his office in December 2006 concurrently with the adjournment of the 109th Congress.[9]Maybe do some research before spouting bullshit? That took one search to find. That is just an example of course, Clinton and other presidents have as well. Your ignorance is astounding.

Papa Bray 7 pts

@ Bravo Bravo Bravo ... How do Ya like us Now !!!! Very Bush like don't ya think GOPEEEEES lmfao

John Meyer 10 pts

Well played, Mr. President. Well played.

Ottis Hollon 36 pts

Republicans, go for it. This will be a great issue for President Obama to run with right up to the election. I believe you have been had. It appears like Obama has regained his fighting spirit.

Bwakfat 2344 pts

Ottis Hollon Maybe he really was playing chess.

;)

howienica 22 pts

No one ever said Obama was not a good campaigner. It is BEING President that he has failed at, not running for President. The fact that he is a liar of the first order has been a plus for him up until now, but this year he will have to deal with all the lies he has been telling for 3 years. He is going to need more than a billion dollars for that. Ottis Hollon

Cyberduckie 3911 pts

Welcome back, all! And bravo, Mr. President!

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