The Consumer Financial Protection Bureau (CFPB) has become ground zero in President Trump’s fight to “drain the swamp” permeating the deep state in Washington, D.C. This bureau was created during the Obama administration under the draconian Dodd-Frank Act, with the purpose of regulating various financial products directly affecting consumers, such as mortgages, credit cards, bank accounts and student loans. Barack Obama’s pick to run the agency as its director was Richard Cordray, who used the unilateral powers of his office to browbeat financial institutions, large and small. Mr. Cordray resigned late last week. A duel broke out between two claimants for the position of “acting director” to fill the vacancy left by Mr. Cordray until President Trump nominates, and the Senate confirms, his successor as director. Mr. Cordray tried, just before his resignation, to install his own pick for acting director, while President Trump appointed Mick Mulvaney, someone he trusts to jump start immediately the changes he believes are necessary to place some reasonable constraints on the run-away, unaccountable regulatory bureaucracy. For the moment, a federal court has supported the authority of the Trump administration’s appointment, but the opposition is considering various options, including an appeal. While it’s doubtful an appeal will succeed, it doesn’t look like the Deep State is ready to concede this battle just yet.
The Consumer Financial Protection Bureau was originally the idea of then-Professor and now-Senator Elizabeth Warren, who regularly attacks anything connected to the financial industry. To ostensibly protect the Consumer Financial Protection Bureau from any political interference, Congress granted the bureau’s director extraordinary unilateral powers. It also decided to delegate to the Federal Reserve Congress’s constitutional authority to appropriate the funds to run the bureau.
Before resigning his post a week earlier than planned, Director Cordray sought to extend his bureau’s overbearing regulatory regime for as long as possible by handpicking his own “acting director” to replace him temporarily. He did this through the artifice of appointing a deputy director, Leandra English, just before his resignation took effect. He based his action on ambiguous language in the Dodd-Frank Act, which he claimed empowered his just-appointed deputy director to automatically take over as the “acting director” upon his departure.
President Trump promptly used his authority, as the head of the executive branch, under a provision of a separate statute dealing with the filling of temporary vacancies, to appoint his own acting director, Mick Mulvaney (who is also serving as the budget director). The president served notice that he would not allow the swamp to continue as is at the Consumer Financial Protection Bureau.