This is an easy one. Dodd-Frank is more recent, & more specific, legislation that determines who is the acting director of the CFPB. Dodd-Frank was enacted in 2010, the Fed. Vacancies Act enacted in 1998. Dodd-Frank controls because of the “Last in Time” rule.
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The “Last in Time” rule means when two laws conflict, the more recent (& more specific) one shall govern. Here, Dodd-Frank controls. Under Dodd-Frank the CFPB’s *deputy director* must serve as acting director when the director is absent or unavailable.
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Yea, I read the memo yesterday before tweeting DoJ was wrong (again) because of the last in time rule. See also Prof. Lederman’s (
@marty_lederman) comments on the memo.https://twitter.com/marty_lederman/status/934611464094208000 …
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However this falls out, the idea of Mulvaney protecting consumers is ludicrous. Check out the kind of nefarious crap he pulled here in SC:https://www.huffingtonpost.com/carol-fowler/fiscal-conservative-week_b_537530.html …
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Justice Department? What a joke , just call it the Trump department
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Of course Trump does not undermine Trump
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Off to court we go yet again to let Trump know, yet one more time, that he took an oath to follow the laws passed by Congress, and not himselfhttps://www.reuters.com/article/us-usa-trump-cfpb/succession-battle-at-u-s-financial-agency-seen-headed-to-courts-idUSKBN1DP0HE …
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And then Trump can go through his rant of blaming some "liberal judge" that was appointed by Bush Sr, of usurping his power to do whatever he feels like.
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Justice is owned since Sessions is sucking up, not independent at all...
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Yeah. Because that is just a law, and the President often doesn't follow those silly things.
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Says “lyin’” Jeff Sessions?
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End the Ponzi Scheme created by Dodd-Frank
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I'll bet you there is a court that will disagree with that. You can't just name department heads, they need to be appointed, vetted, approved and confirmed before assuming office. Otherwise, the Constitution and the rule of law are dead.
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He only appointed the “Interim” head...
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If there is a Deputy Director, which there is. I believe a court will find the Interim is already in place. You see the CFPB is an independent agency operating in a nonpartisan fashion 4 the benefit of Consumers. Holding banks & financial firms accountable being unethical.
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