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chrisgeidner's profile
Chris Geidner
Chris Geidner
Chris Geidner
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@chrisgeidner

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Chris GeidnerVerified account

@chrisgeidner

Legal Editor, @BuzzFeedNews. SCOTUS Correspondent. Nat Sec Team, covering Trump & Mueller. Sober. Gay. Buckeye. Law Dork. DMs open. chris.geidner@buzzfeed.com

Washington, D.C.
buzzfeednews.com/author/chrisge…
Joined March 2009

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    Chris Geidner‏Verified account @chrisgeidner 25 Nov 2017

    JUST IN: DOJ releases Office of Legal Counsel opinion by AAG Steven Engel, dated today, concluding POTUS can appoint acting director of CFPB under the Vacancies Reform Act. https://www.justice.gov/sites/default/files/opinions/attachments/2017/11/25/cfpb_acting_director_olc_op_0.pdf …pic.twitter.com/Bb45OeeYQ8

    4:33 PM - 25 Nov 2017
    • 505 Retweets
    • 436 Likes
    • Jukka Haapasaari Contrarian Scientist Ness ⚔️Patriot Pirate🏝 ❌ Drain The Swamp! ❌ Karen🌼🌼 MOB-GAL Moe Murph Sandi Purcell Vegas Tracy 🇺🇸
    56 replies 505 retweets 436 likes
      1. New conversation
      2. Chris Geidner‏Verified account @chrisgeidner 25 Nov 2017

        Chris Geidner Retweeted Marty Lederman

        Here is @marty_lederman's cogent response (via thread) to the OLC opinion:https://twitter.com/marty_lederman/status/934612345334194176 …

        Chris Geidner added,

        Marty Lederman @marty_lederman
        (3) I think that conclusion would be correct if CFPB statute said Deputy "may serve." But it says "shall serve." Key sentence of OLC opinion, therefore, on which OLC conclusion depends, is run-over from p.5 to p.6:
        Show this thread
        2 replies 18 retweets 37 likes
        Show this thread
      3. Chris Geidner‏Verified account @chrisgeidner 25 Nov 2017

        Engel and Lederman both basically agree that this comes down to a question of whether the Dodd-Frank language that the deputy director "shall" serve as acting director makes (or can make) that the sole basis for filling a vacancy — eliminating the VRA (which Trump is using).

        3 replies 10 retweets 22 likes
        Show this thread
      4. Chris Geidner‏Verified account @chrisgeidner 25 Nov 2017

        Both of them point to the Senate Committee Report, so I uploaded it, highlighting the key portion here: https://www.documentcloud.org/documents/4310462-Vacancies-Reform-Act-Senate-Committee-Report-1998.html#document/p20/a389651 …pic.twitter.com/bXIIZTge24

        1 reply 7 retweets 16 likes
        Show this thread
      5. Chris Geidner‏Verified account @chrisgeidner 25 Nov 2017

        Anyway, there's certainly more to come on this, but I was reading up tonight once I got home — so I figured I might as well share what I have!

        3 replies 3 retweets 37 likes
        Show this thread
      6. End of conversation
      1. New conversation
      2. ((( IL Steve )))‏ @21law 25 Nov 2017
        Replying to @chrisgeidner

        So absurd. Dodd–Frank is clearly the controlling law in the event of a conflict. Pres. Obama signed Dodd–Frank into law on July 21, 2010, more a decade after the Vacancies Reform Act. (The Vacancies Reform Act was signed into law by Pres. Clinton on Oct. 21, 1998)

        3 replies 19 retweets 58 likes
      3. Jim‏ @staxringold 25 Nov 2017
        Replying to @21law @chrisgeidner

        That’s... not how the law works... Most recently passed doesn’t just win by default

        4 replies 0 retweets 7 likes
      4. Kevin Edwards‏ @spartykev 25 Nov 2017
        Replying to @staxringold @21law @chrisgeidner

        Derp, actually it does in this case, because Dodd Frank CREATED the CFPB, therefore that act has jurisdiction over the Bureau. Sessions is simply cherry picking an old law to please his boss. I’d listen to IL Steve, he’s an actual lawyer.https://www.consumerfinance.gov/about-us/the-bureau/creatingthebureau/ …

        3 replies 7 retweets 35 likes
      5. Jim‏ @staxringold 25 Nov 2017
        Replying to @spartykev @21law @chrisgeidner

        I am also a lawyer, yay? The Vacancies Act specifically recognizes the ability of an express statutory provision providing an ALTERNATIVE path to naming acting officers (5 USC 3347). But it does not state that such provision controls/trumps/etc the express default of Prez picking

        2 replies 1 retweet 8 likes
      6. H Theixos, PhD‏ @moralinjuryblog 25 Nov 2017
        Replying to @staxringold @spartykev and

        What cause is there for an ALTERNATIVE (all caps yo) path?

        1 reply 0 retweets 5 likes
      7. Jim‏ @staxringold 25 Nov 2017
        Replying to @moralinjuryblog @spartykev and

        5 USC 3345, the Vacancies Act. Which, under 5 USC 3347 is general’s the exclusive method, though it permits to have statutes that provide other alternative path. I emphasized alternative because its important to remember that the CFBP statute provision doesn’t erase Vacancies Act

        2 replies 1 retweet 5 likes
      8. Jim‏ @staxringold 25 Nov 2017
        Replying to @staxringold @moralinjuryblog and

        Generally*

        0 replies 0 retweets 2 likes
      9. End of conversation
      1. New conversation
      2. Vote! or 2018=1984‏ @45TheManchurian 25 Nov 2017
        Replying to @chrisgeidner @BuzzFeedNews

        Wow. DOJ is corrupt.

        1 reply 4 retweets 27 likes
      3. Tweet unavailable
      4. Vote Nov. 6th (Marie)‏ @Cuprikorn66 25 Nov 2017
        Replying to @HealTheNation45 @45TheManchurian and

        pic.twitter.com/2lODfsi9hk

        0 replies 1 retweet 16 likes
      5. End of conversation
      1. New conversation
      2. Mighty Humanzee ❌‏ @Mighty_Humanzee 25 Nov 2017
        Replying to @chrisgeidner @sheldongilbert

        So bascailly Warren does not know how to interpret the laws she wrote that created this agency.

        1 reply 1 retweet 3 likes
      3. Ted Gibson‏ @mobtown1234 25 Nov 2017
        Replying to @Mighty_Humanzee @chrisgeidner @sheldongilbert

        She does. That's why she wants this to go to the courts.

        2 replies 2 retweets 10 likes
      4. Mighty Humanzee ❌‏ @Mighty_Humanzee 25 Nov 2017
        Replying to @mobtown1234 @chrisgeidner @sheldongilbert

        You read my mind! I was thinking that the tactic of throwing it to judge in hopes that she/he is sympathetic and that media will shape opinion is a common tactic. #Fauxcahontas

        2 replies 0 retweets 0 likes
      5. Ted Gibson‏ @mobtown1234 25 Nov 2017
        Replying to @Mighty_Humanzee @chrisgeidner @sheldongilbert

        Well, there is a reasonable argument to be made for Dodd-Frank as the applicable law. Even if DOJ tries to argue otherwise, the judge could rule that Dodd-Frank is the prevailing law based on the intent in the creation of the CFPB.

        2 replies 1 retweet 2 likes
      6. Mighty Humanzee ❌‏ @Mighty_Humanzee 25 Nov 2017
        Replying to @mobtown1234 @chrisgeidner @sheldongilbert

        Wouldn't the Vacancies Reform Act take precedence given that it was law in 1998. I don't think Dodd Frank amended or overrode that act.

        1 reply 0 retweets 0 likes
      7. Ted Gibson‏ @mobtown1234 25 Nov 2017
        Replying to @Mighty_Humanzee @chrisgeidner @sheldongilbert

        That's what I am wondering. Warren helped to create the CFPB, and she thinks it will go to court. She mentioned as much in a tweet earlier.

        2 replies 0 retweets 0 likes
      8. CatrionaMDW‏ @CatrionaMDW 25 Nov 2017
        Replying to @mobtown1234 @Mighty_Humanzee and

        Imagine in 2023 a Trump appointed CFPB head resigned the day before President Warren was going to fire him, and he appointed some flunky as his “deputy” to replace him.

        1 reply 0 retweets 0 likes
      9. Ted Gibson‏ @mobtown1234 25 Nov 2017
        Replying to @CatrionaMDW @Mighty_Humanzee and

        You say that she isn't very smart, yet you are the one making confident statements absent any actual knowledge of the facts at hand.

        3 replies 0 retweets 0 likes
      10. 5 more replies

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