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BzaDem

(11,142 posts)
Tue Jan 3, 2012, 07:40 PM Jan 2012

White House Concludes It Can Appoint Cordray

http://blogs.wsj.com/washwire/2012/01/03/white-house-concludes-it-can-appoint-cordray/

"White House attorneys have concluded they have the legal authority to make a recess appointment despite Republican efforts to block the move, Democrats said Tuesday, and administration officials say they reserve the option to install Richard Cordray as head of the new Consumer Financial Protection Bureau without Senate approval.

Some expect that appointment to come as early as Wednesday, when President Barack Obama goes to Mr. Cordray’s home state of Ohio to talk about the economy. He’ll be at Shaker Heights High School outside Cleveland."

---snip---

"That’s because the White House has concluded that it can make the appointment even if the Senate has not formally recessed, said one Democrat familiar with White House thinking. “They have decided no one can stop them.”
58 replies = new reply since forum marked as read
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White House Concludes It Can Appoint Cordray (Original Post) BzaDem Jan 2012 OP
Make it so. FSogol Jan 2012 #1
Good! Lil Missy Jan 2012 #2
Good news. nt sufrommich Jan 2012 #3
So Iowa news will be muffled by fauxrage over the appointment by Repubs. Nice move, President O. msanthrope Jan 2012 #4
Yep. Brilliant timing. Nt DevonRex Jan 2012 #7
Or vice versa. TheWraith Jan 2012 #9
Good news. Nt DevonRex Jan 2012 #5
Way to go, President Obama! CaliforniaPeggy Jan 2012 #6
Just do it. 99Forever Jan 2012 #8
The voters do MakingSense Jan 2012 #37
Thank you for your concern. No, really, thank you. For your concern. Warren DeMontague Jan 2012 #38
No, what happened was MakingSense Jan 2012 #39
you seem awfully well informed about how Republicans & Teabaggers feel about shit. Warren DeMontague Jan 2012 #54
Warren DeMontague onethatcares Jan 2012 #55
Golly... 99Forever Jan 2012 #47
No one said that MakingSense Jan 2012 #48
Reality 99Forever Jan 2012 #49
In what reality MakingSense Jan 2012 #50
In the REAL Reality .. 99Forever Jan 2012 #51
Good... WCGreen Jan 2012 #10
Fingers crossed! DO IT, Mr. President! eom tledford Jan 2012 #11
While I think it is a good thing, the logic sounds exactly like the Bush* Cabal's logic Bandit Jan 2012 #12
oiy... Whisp Jan 2012 #14
Clear as day Constitutional... ellisonz Jan 2012 #16
The Senate as not gone into recess except for a couple of 'seconds' today. Tx4obama Jan 2012 #18
The Senate goes into recess every day. It is in recess before and after each pro forma session. BzaDem Jan 2012 #21
The downside is that it means in the future, we can't do the same thing onenote Jan 2012 #26
This is why MakingSense Jan 2012 #40
Well, don't be so nitpicky ;) I meant: no holiday recesses (which would be longer than 3 days) Tx4obama Jan 2012 #28
THIS is what I am talking about, there has been NO 'complete adjournment' Tx4obama Jan 2012 #29
Yeah, that is correct. BzaDem Jan 2012 #31
+1 sarcasmo Jan 2012 #20
Great news!! AtomicKitten Jan 2012 #13
I should hope so izquierdista Jan 2012 #15
awesome warrior1 Jan 2012 #17
Thank Goddess !!! - DO IT !!! WillyT Jan 2012 #19
This should also be in LBN Kingofalldems Jan 2012 #22
do it, please do it n/t riverwalker Jan 2012 #23
Fuckin'-a. Put 'em all through this way! rucky Jan 2012 #24
White House should conclude stuff like this more often! MarkCharles Jan 2012 #25
That would be GREAT if he did it tomorrow in OH! K&R! jenmito Jan 2012 #27
BOLD bigtree Jan 2012 #30
White House Concludes It Can Appoint Cordray progressoid Jan 2012 #32
They need to do this slay Jan 2012 #33
I wanna see the sputtering turtle-headed reaction of McConnell when Obama does this MjolnirTime Jan 2012 #34
Boo-ya! Major Hogwash Jan 2012 #35
GOOD. Now Obama just needs to DO it. n/t ProfessionalLeftist Jan 2012 #36
Wow, I'm impressed. That's quite unexpected! joshcryer Jan 2012 #41
So do it already! Damn! lonestarnot Jan 2012 #42
Hmm, this might require some balls! Maybe procrastinate on this and have a meeting with AG Holder. dmosh42 Jan 2012 #43
Obama Considering Cordray Recess Appointment as Soon as Tomorrow joshcryer Jan 2012 #44
Do it. Then start nailing bankster asses to the wall. n/t Scuba Jan 2012 #45
^^^ This ^^^ MadrasT Jan 2012 #53
Act on behalf of America SpiralHawk Jan 2012 #46
unfortunately it's the only way barbtries Jan 2012 #52
Super timing malaise Jan 2012 #56
So he is tossing away a tool that Democrats will need in the future when there is a 'Pug prez MadHound Jan 2012 #57
I have the same feeling here Nuclear Unicorn Jan 2012 #58

TheWraith

(24,331 posts)
9. Or vice versa.
Tue Jan 3, 2012, 07:47 PM
Jan 2012

The media might be so busy drooling over Iowa that Boner and the Turtle can't find a camera to recite their "Death of American Democracy" speech into.

 

MakingSense

(32 posts)
37. The voters do
Wed Jan 4, 2012, 04:35 AM
Jan 2012

never forget that, especially in an election year. Keep in mind what happened in 2010 when we just decided to do it with the health care bill against the will of such a significant portion of voters. Now this of course would be much less of an issue to fire people up, but don't under estimate how much it upsets people when you tell them you don't care about their opinion. We don't have the numbers to insulate us from those effects so it is important to pick our battles wisely and to not be poke the bear if we don't have too. Better to be tactful and polite while still working to forward our agenda.

Warren DeMontague

(80,708 posts)
38. Thank you for your concern. No, really, thank you. For your concern.
Wed Jan 4, 2012, 04:58 AM
Jan 2012


What happened with the Health Care Bill was that Republicans, determined to not let this president have *anything* resembling a "success", dug their heels in and unanimously opposed a health care proposal that THEIR OWN PARTY had essentially invented.

So bullshit. Bullshit. Bullshit. What the President needs to do is stop imagining that you can be "bipartisan" and "Reasonable" (much less "tactful" and "polite" ) with CRAZY FUCKING PEOPLE. And the GOP is run by CRAZY FUCKING PEOPLE.

The President would have done better- and he still will- by saying "the Republicans are crazy, they've said they want me to fail, and they clearly don't give a flying Philadelphia Fuck about this country or anything in it that doesn't involve cutting taxes or throwing women in prison for using birth control. Fuck them, I'm doing what is RIGHT."
 

MakingSense

(32 posts)
39. No, what happened was
Wed Jan 4, 2012, 05:24 AM
Jan 2012

that a segement of the voters got very vocal about the issue and because it was the President's signiture piece it had to be passed in some form or fasion. Not doing so would have been very bad for everone with a D beside their name. Of course the republicans realized this so they stalled to make sure it would resemble what President Obama wanted as littled as possible so that they could claim a win, not unexpected this is politics after all. They knew they couldn't stop it complete but they did a good job watering it down. However, the end result was still a bill introduced and pushed by democrats that was in direct contention with a very vocal segement of the populace. Good or bad, that's what happened.

The fact that republicans from a decade earlier had proposed much of the same had nothing to do with the fact that at that point in time the people didn't want it and instead of taking the time and putting forth the effort to sell it to the people, we told them their opinions didn't matter. All of which became a very big f-u to the people with a side of your too stupid for your own good when Nancy Pelosi told them the bill had to be passed so that the people could find out what was in it. So they went to voting boths and proved that their opinions did matter and that they were to be taken seriously.

That is how we lost the House. We don't have to like it and we can make up all the excuses we want but ignoring the very real fact that spitting on voters then expecting their support rarely results in a desireable outcome is not going to get us anywhere. It may make us feel good for the moment but all it does is reinforce the claim of our party as a bunch of elitists.

Now no one said anything about being bipartisan. I was refering to being respectful. Because I am sure when they hear you call them "crazy fucking people" that is really going to help solidify their support for our candidate. Oh and it is going to do a great job gaining the support of the guy sitting beside them who was an undecided independent yet is watching this exchange in which you are belittling someone because of their views. I wonder who he is going to be more inclined to favor. No one said you have to agree with them or given in to their message. But we have no way around the fact that these people are voters too and that how we deal with these people makes a difference.

Warren DeMontague

(80,708 posts)
54. you seem awfully well informed about how Republicans & Teabaggers feel about shit.
Wed Jan 4, 2012, 06:09 PM
Jan 2012

But let me clarify something for you: There was no 'groundswell of support' against the HC Bill, any more than there was an organic gang of docker drones who showed up in Miami-Dade to protest vote counting from the 2000 election.

http://en.wikipedia.org/wiki/Brooks_Brothers_riot

The isolated outbursts and tantrums at the Town Hall meetings were the work of a few cranks and a large number of astroturfers, facilitated by a corporate media that was deeply vested in promoting the narrative of a "citizen revolt". It doesn't matter how many people ACTUALLY feel strongly about things; I stood with 1.2 MILLION other Pro-Choice Americans on the mall in 2004, in the largest gathering on the mall in US History, and the media ignored us. (Remember that? I bet you don't)



As they ignored the massive Iraq War protests.. Yet, for some reason, 100 rascal-riding Glenn Beck fans in tricorner hats show up in DC and get all-day coverage and serious-sounding talking head analysis about "what does this important movement mean?"

I know Nancy Pelosi makes right wingers break out in hives. Tough shit. Just like most Americans are pro-choice, most Americans understand that universal health coverage SAVES us money, in addition to being the right thing to do.

The idea that Obama would only 'win over independents' if he 'wasn't so partisan'... is just laughable. If the middle was so all-fucking powerful, would Mitt Romney be scrambling like a rabid ferret to distance himself from every single position ever taken by... Mitt Romney? No.

The FACT is, corporate media lies about all-powerful values voters notwithstanding, the American People are VASTLY more liberal- socially AND economically- than the Powers That Be give us credit for. Obama's weakness comes from NOT being brave enough; he's tried appeasement, and if you don't grok that then you're either wearing ideological blinders or you're being disingenuous.

So on that note, again, thank you for your concern. Welcome to DU. Enjoy your stay.

onethatcares

(16,174 posts)
55. Warren DeMontague
Wed Jan 4, 2012, 07:02 PM
Jan 2012

You are my hero.

and here are thirty seven applause and 45 high fives to you.

I could not have said that better.

 

MakingSense

(32 posts)
48. No one said that
Wed Jan 4, 2012, 11:01 AM
Jan 2012

why do you assume that respecting the voters equates to kissing the ass of republicans?

 

MakingSense

(32 posts)
50. In what reality
Wed Jan 4, 2012, 12:17 PM
Jan 2012

is being respectful and considerate the same thing as kissing ass?

You don't have to agree with them. You don't have to support them. It is entirely possible to disagree with them, hold a discussion concerning the disagreement without insulting/attacking them or kissing anyone's back side in the process.


fly - honey/vinger

99Forever

(14,524 posts)
51. In the REAL Reality ..
Wed Jan 4, 2012, 12:32 PM
Jan 2012

.. where they are neither "respectful or considerate" of you, your opinions, or even your right to exist and have IN FACT sworn to destroy you.

THAT Reality.

Wake up and smell the other thing that "attracts more flies" than honey or vinegar.

WCGreen

(45,558 posts)
10. Good...
Tue Jan 3, 2012, 07:47 PM
Jan 2012

Richard deserves this...

One of the most humble and gracious man I have had the pleasure to meet in Ohio politics...

Bandit

(21,475 posts)
12. While I think it is a good thing, the logic sounds exactly like the Bush* Cabal's logic
Tue Jan 3, 2012, 07:51 PM
Jan 2012

"Who's gunna stop us?"

ellisonz

(27,711 posts)
16. Clear as day Constitutional...
Tue Jan 3, 2012, 08:12 PM
Jan 2012
Article II, Section 2 of the U.S. Constitution:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Tx4obama

(36,974 posts)
18. The Senate as not gone into recess except for a couple of 'seconds' today.
Tue Jan 3, 2012, 08:21 PM
Jan 2012

when they closed the 1st session and opened the 2nd Session of the current 112th Session of Congress.

The GOPers have been blocking 'adjournment' prior to holiday breaks for like a full year now, so there have NOT been any official recess breaks, only pro-forma sessions during Senate holidays.

BzaDem

(11,142 posts)
21. The Senate goes into recess every day. It is in recess before and after each pro forma session.
Tue Jan 3, 2012, 08:32 PM
Jan 2012

The reason pro forma sessions exist is not to "prevent the Senate from going into recess." it is to prevent the Senate from having a recess that is longer than 3 days. The custom in the past has been that a recess shorter than 3 days is too short to make a recess appointment.

Obama, by nominating Cordray, will be destroying the fiction that a pro forma session actually breaks a longer recess into two shorter ones. A pro forma session is not a real session. There is no quorum. The Senate cannot conduct any business. The recess appointment clause does not say that the Senate can lie about not being in recess when it actually is in recess.

onenote

(42,715 posts)
26. The downside is that it means in the future, we can't do the same thing
Tue Jan 3, 2012, 09:23 PM
Jan 2012

Remember, we successfully blocked bush II from making recess appointments for two years by having the senate stay in "pro forma" sessions. I'll be glad if Corday gets appointed, but it will come at a price.

 

MakingSense

(32 posts)
40. This is why
Wed Jan 4, 2012, 05:34 AM
Jan 2012

going this route is a really bad idea. We will see ourselves on the short end of the stick somewhere down the road. Plus, we won't have a leg to stand on to complain to the voters because we will have set the standard and can't claim the situation to be that unusual to give our politicans cover since we used the same tactic.

I have always said we never should have went down that road, it is one of those procedural tactics that drives the voters nuts when they learn about it and why it was happening. Always better to allow up/down votes then let the pieces fall where they may and point out the mistakes to voters in the next election cycle.


The other issue that drives people nuts is use of riders. We need to do away with those as well. Let each piece of legislation stand or fall on its own merit.

Tx4obama

(36,974 posts)
28. Well, don't be so nitpicky ;) I meant: no holiday recesses (which would be longer than 3 days)
Tue Jan 3, 2012, 09:45 PM
Jan 2012


Also, the U.S. Constitution gives power to The President to 'adjourn' Congress.
---

Section 3: Presidential responsibilities

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United Stat

http://en.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution#Section_3:_Presidential_responsibilities


Tx4obama

(36,974 posts)
29. THIS is what I am talking about, there has been NO 'complete adjournment'
Tue Jan 3, 2012, 09:56 PM
Jan 2012

The GOP has been blocking 'adjournment' during all of 2011 prior to Senate holidays/breaks.
'Complete adjournment is not like the 'daily' adjournments that happen when they come back the next day.
-----

GOP forces Senate pro-forma session

Republicans are preventing the Senate from completely adjourning for the Memorial Day recess. Instead, the chamber will come in for three pro-forma sessions over the next 10 days.

The cursory sessions are a formality that will ensure President Obama does not make recess appointments, a prospect that was considered unlikely anyway because the recess is scheduled for only a week.

Some Republicans feared that Obama would use the recess to appoint Elizabeth Warren to head the controversial Consumer Financial Protection Bureau, which will have broad powers over Wall Street.

A coalition of liberal groups has launched a petition pushing for a recess appointment of Warren.

Sen. Jeff Sessions (Ala.), the ranking Republican on the Budget Committee, also threatened to block the Senate's complete adjournment in order to protest Democrats’ decision not to mark up a budget blueprint in the panel or bring a Democratic plan to the floor.

To avoid the cumbersome process of holding a vote on the adjournment resolution, Senate Majority Leader Harry Reid (D-Nev.) opted for the compromise of holding pro-forma meetings next week, GOP sources say.

http://thehill.com/blogs/floor-action/senate/163635-gop-pressure-forces-senate-to-work-in-pro-forma-session-blocking-elizabeth-warren-recess-appointment


BzaDem

(11,142 posts)
31. Yeah, that is correct.
Tue Jan 3, 2012, 10:17 PM
Jan 2012

The success of this appointment will come down to whether a court agrees with Obama's lawyers that a pro forma session is a sham. (It is also possible a court will rule that there is no 3-day lower limit at all for intra-session recesses, though that would be a broader holding.)

Courts have consistently ruled in favor of the President's power to make recess appointments, so the courts will probably agree with Obama if anyone sues.

 

izquierdista

(11,689 posts)
15. I should hope so
Tue Jan 3, 2012, 08:08 PM
Jan 2012

If they can detain him or target a drone strike on him, I would hope they could just make an appointment too.

 

MarkCharles

(2,261 posts)
25. White House should conclude stuff like this more often!
Tue Jan 3, 2012, 08:54 PM
Jan 2012

White House should totally ignore House and Senate as much as legally possible for the next 12 months and get some stuff DONE!

progressoid

(49,992 posts)
32. White House Concludes It Can Appoint Cordray
Tue Jan 3, 2012, 10:23 PM
Jan 2012

But won't because it doesn't want to make Mitch angry. Sooooo, Happy New Year everybody.

 

slay

(7,670 posts)
33. They need to do this
Tue Jan 3, 2012, 10:46 PM
Jan 2012

show they at least have SOME backbone when it comes to doing what's right. who cares what the republicans want? they are the reason the country is in the shitter to begin with. fuck the republicans - appoint Cordray!

Major Hogwash

(17,656 posts)
35. Boo-ya!
Tue Jan 3, 2012, 11:58 PM
Jan 2012

Wait for Boehnor to tell the whiners from the right to start crying.

Cantor goes first.


"This just doesn't seem right to me."

joshcryer

(62,276 posts)
44. Obama Considering Cordray Recess Appointment as Soon as Tomorrow
Wed Jan 4, 2012, 06:18 AM
Jan 2012
President Barack Obama and his advisers are debating whether to install Richard Cordray as head of the Consumer Financial Protection Bureau as soon as tomorrow, challenging Republican efforts to block appointments while Congress is away from the Capitol, according to two people familiar with the matter.

White House officials recognize that appointing Cordray would probably invite a court battle with congressional Republicans during an election year, said the people, who asked not to be identified because they aren’t authorized to speak publicly.

White House officials have communicated to Cordray that he should be ready to become acting consumer bureau head as soon as tomorrow, according to one person. A final decision on the recess appointment hasn’t been made, the other person said. Jay Carney, the White House press secretary, declined to comment.


http://www.businessweek.com/news/2012-01-04/obama-considering-cordray-recess-appointment-as-soon-as-tomorrow.html

barbtries

(28,805 posts)
52. unfortunately it's the only way
Wed Jan 4, 2012, 12:50 PM
Jan 2012

to get the agency up and running as i understand it. fuck the republicans, they've been fucking us for way too long.

 

MadHound

(34,179 posts)
57. So he is tossing away a tool that Democrats will need in the future when there is a 'Pug prez
Wed Jan 4, 2012, 07:24 PM
Jan 2012

Gee, why do I get the feeling we're going to regret this in the future.

Nuclear Unicorn

(19,497 posts)
58. I have the same feeling here
Wed Jan 4, 2012, 07:34 PM
Jan 2012

What's worse, if Obama loses the election every one of these seats becomes open because they only last for the current term. That means there will be a new GOP president with a political axe to grind and the precedent to do it with. Even if the democrats keep/expand their majority in the senate those 3 NLRB seats and the consumer protection seat will be ripe for appointment without the advice and consent of the senate.

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