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What's Next? #POSPOTUS Trump Bypasses Senate, Appoints Koch to Supreme Court?

By   Follow Me on Twitter     Message Rob Kall       (Page 1 of 2 pages)     Permalink

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Today, Donald Trump removed Supreme Court Justice Ruth Bader Ginsberg and appointed David Koch to replace her, bypassing previous laws and the process of senate approval.

Okay. That hasn't happened yet. But we're creeping towards that situation with Trump bypassing the Dodd Frank legislation which made it clear that there was a succession path for the Consumer Financial Protection Bureau (CFPB.) The head of the agency, Richard Cordray, had appointed Leandra English effective acting director. The law, passed by congress made it clear that the president does not appoint a director. The Dodd Frank bill specifies that the acting director becomes the director until the senate approves a new appointee.

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But herr president, the POSPOTUS, has appointed Mick Mulvaney, who, through his history and past statements, has made it clear he will gut the agency and make it impotent. Mulvaney has referred to the CFPB "joke in a sick, sad kind of way" and as an example of bureaucracy run amok.

If Trump is allowed to get away with this clear ignoring of the law, what will he do next? When will he go even further. Because it's not a matter of if. If he his not opposed, every step of the way, in this brazen attack on the law, it is a certainty that he will push further, and my fictional title might actually become a reality. This makes me think of how Hitler gradually eroded laws and became all powerful.

So far, watching the news networks, none of them have approached the situation from this perspective, which I believe is the biggest, most significant aspect of the story.

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Trump is a malignant, narcissist and a sociopath who has absolutely zero respect for the law, except for when it serves his interests.

The White House is leaning on a pathetically weak legal position written by Assistant Attorney General Steven Engel, a scumbag lawyer who defended payday lenders in the past. His opinion was written in crayon on a napkin, in gold, Donald's favorite color. Just kidding on the napkin and crayon, but it's clear that Trump has flooded the government with appointees who are morally bankrupt extractive predators.

This has happened before, where a president has had an Assistant Attorney General write up a bogus opinion. Bush did it regarding torture. Obama did it to cover his ass on drone killings. I'm not sure what the defense against sleazy Asssistant Attorney General opinion writing is, but we need to come up with strong ones. This has to stop.

Both Leandra English and Mick Mulvaney are claiming they are in charge. Mulvaney's aide tweeted a photo of Mulvaney pretending he's working. And more important, Mulvaney brought a bag of donuts for CFPB employees (no doubt paid for by taxpayers.)

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Leandra English has filed suit, seeking a temporary restraining order to prevent Mick Mulvaney from taking control of the CFPB.

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Rob Kall is an award winning journalist, inventor, software architect, connector and visionary. His work and his writing have been featured in the New York Times, the Wall Street Journal, CNN, ABC, the HuffingtonPost, Success, Discover and other media. He's given talks and workshops to Fortune 500 execs and national medical and psychological organizations, and pioneered first-of-their-kind conferences in Positive Psychology, Brain Science and Story. He hosts some of the world's smartest, most interesting and powerful people on his Bottom Up Radio Show, and founded and publishes one of the top Google- ranked progressive news and opinion sites, OpEdNews.com

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Rob Kall has spent his adult life as an awakener and empowerer-- first in the field of biofeedback, inventing products, developing software and a music recording label, MuPsych, within the company he founded in 1978-- Futurehealth, and founding, organizing and running 3 conferences: Winter Brain, on Neurofeedback and consciousness, Optimal Functioning and Positive Psychology (a pioneer in the field of Positive Psychology, first presenting workshops on it in 1985) and Storycon Summit Meeting on the Art Science and Application of Story-- each the first of their kind.  Then, when he found the process of raising people's consciousness and empowering them to take more control of their lives  one person at a time was too slow, he founded Opednews.com-- which has been the top search result on Google for the terms liberal news and progressive opinion for several years. Rob began his Bottom-up Radio show, broadcast on WNJC 1360 AM to Metro Philly, also available on iTunes, covering the transition of our culture, business and world from predominantly Top-down (hierarchical, centralized, authoritarian, patriarchal, big)  to bottom-up (egalitarian, local, interdependent, grassroots, archetypal feminine and small.) Recent long-term projects include a book, Bottom-up-- The Connection Revolution, debillionairizing the planet and the Psychopathy Defense and Optimization Project. 

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14 people are discussing this page, with 27 comments


David Macko

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Unfortunately, the Constitution does not allow President Trump to appoint David Koch to replace Ruth Bader Ginsburg. Very fortunately for you, he appears to be violating the Constitution much less than his recent predecessors and does not have authoritarian tendencies.Otherwise, the rotting corpses of Hillary Rodham Clinton, Barack Obama, Upchuck Schumer, Nancy Pelosi and a list two long to present here would be in ditches alongside some country roads.

Submitted on Monday, Nov 27, 2017 at 4:44:30 PM

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Rob Kall

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Reply to David Macko:   New Content

while I put up with Trump support from close family, I have no interest in putting up with it from random trump-morons.

I find the idea of rotting corpses interesting. But keep in mind the old line that when you point one finger at someone you have three fingers pointing at you-- in terms of lying in ditches.

I'd agreee that Trump's predecessors have also engaged in criminal behavior. There haven't been many who did not deserve impeachment, including Obama. But Trump is, by far the worst, in history and deserves more than any other, the acronym POSPOTUS.

Submitted on Monday, Nov 27, 2017 at 7:28:55 PM

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Nelson Wight

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Reply to Rob Kall:   New Content

Rob, from My Cataract-inflicted viewpoint - the Democratic Party is dead...DEAD!
D E A D !!!

Submitted on Monday, Nov 27, 2017 at 8:59:31 PM

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Susan Lee Schwartz

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AMEN!

Submitted on Tuesday, Nov 28, 2017 at 2:38:45 AM

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BFalcon

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Reply to David Macko:   New Content

Trump ... "does not have authoritarian tendencies" made my day.

True, they are not tendencies.

And he might obey the Constitution if he knew it or understood it, both rather remote possibilities.

Submitted on Wednesday, Dec 6, 2017 at 12:59:01 AM

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Janet Supriano

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Your headline caused serious palpitations! Not nice to do to old ladies.
:) :) :)

Mick Mulvaney already caused apoplexy.

One good thing: Trump is making it SO bad that new people are paying attention, waking up.

Somebody PLEASE pay the MSM enough to scream the truth.

Submitted on Monday, Nov 27, 2017 at 4:46:22 PM

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Lois Gagnon

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Ditto! Not good for my tachycardia.

We do need to make a ton of noise over this. Let's get busy!

Submitted on Monday, Nov 27, 2017 at 5:15:30 PM

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jeff rock

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I don't agree with the Trump man either. But I am seriously disillusioned that a progressive liberal would rely on a horrible piece of legislation as the Dodd Frank Act to take Trump to task. The Dodd Frank Act has basically given the banks almost everything they ever wanted while somehow convincing many Americans that it actually does something. Also, since when does it look like Trump can take over anything? He is being held in check by the NSA, CIA and FBI, to name a few. Trump has not attempted to take over powers or enhance the power of the Executive Office like his predecessors. Take for example the practice of writing qualifications on the back of legislation after signing it into law. Both Bush and Obama did that and it undermines Congress' Constitutional authority. Liberals were silent then. Or how about when Bush declared wars without Congressional approval and Obama declared more wars than any prior President without Congressional approval? Silence from the liberals again. Those acts far outweigh anything the Donald Duck has done. I know, its popular to bash Trump. Face it, Trump is not qualified to feed the dogs, but he is the very first independent President to come along since JFK. Until his own military advisers forced him to support endless wars it was only the Donald man who preached against getting into foreign wars. Without any support from the left or right he had to give up the idea of stopping wars. Fighting wars has become a US pastime of great importance to the couch surfers. Where were all the Democrats and liberals then? They had already all changed from being proponents of peace to being war mongers! When did that happen with liberals? If you recall it was the anti-war liberals who literally stopped the Vietnam war. Now liberals are starting more wars than ever. Its the neo-liberal way. Get used to it. Who cares about killing innocent children anyway?

Submitted on Tuesday, Nov 28, 2017 at 1:36:00 AM

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Rob Kall

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Reply to jeff rock:   New Content
Oh please. Your fantasies about Trump being an independent should have been dashed as soon as his transition team started announcing appointee picks. And calling me a liberal is offensive. I AGREE with about the problems with liberals.After all liberals supporting Hillary in the primary gave us Trump.

Submitted on Tuesday, Nov 28, 2017 at 2:42:47 AM

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I considered this article a piece of sloppy and lazy journalism for not quoting the law that Rob Kall claims requires Assistant Director Leandra English to serve as Acting Director, but as journalism it is far worse than that. The law requires that the Assistant Director serve as Acting Director when the Acting Director is "unavailable or indisposed," neither of which is the case here. The Director is gone from his post and the President has the full legal authority to appoint an Acting Director, and has done so.

Foolish and ignorant articles like this do nothing but discredit intelligent opposition from the left.

Submitted on Tuesday, Nov 28, 2017 at 2:21:09 AM

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Rob Kall

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Right, and Bush had full legal authority to order torture.

Congress created the CFPB with a caveat that would prevent a president from taking it over without congressional authorization. Trump used one of his shill lawyers to re-write the law. He doesn't get to do that.

Thinking like yours is incredibly dangerous to the future of the United States and to democracy.

Of course, Trump can do no wrong in the eyes of his supporters. And there are some perversely deluded people on OEN who believe Trump, thinking that he is a rebel, standing up to the status quo. But that was just one of the plethora of lies he's cast.

Submitted on Tuesday, Nov 28, 2017 at 12:40:28 PM

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Michael Green

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Gee Rob, once again there is not a single fact or citation to support what you say--just more blowhard opinion. The Trump administration is not rewriting the law in this case, but following it:

yurl.com/yahtqk4t A legal memorandum filed on behalf of English argued that the Dodd-Frank Act mandates that the consumer bureau's deputy director "shall ... serve as the acting director in the absence or unavailability of the director." This is not htough law: it means that if the Director is out of country or disabled then the Deputy Director could take his place temporarily, but he has resigned. Trump is correct to argue:

""the White House, on Monday, released a legal advisory in which Mary McLeod, the consumer bureau's general counsel since 2016 under Cordray's tenure, argued that Trump has the legal authority to appoint Mulvaney. The statutory language, legislative history, precedent from the Department of Justice's Office of Legal Counsel, and case law "all point to the conclusion that the President may use the Vacancies Reform Act" to appoint Mulvaney, wrote McLeod."

You also blow at straw men. Nothing I said suggests that I like or support Trump.

Submitted on Tuesday, Nov 28, 2017 at 10:55:21 PM

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Susan Lee Schwartz

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Re What is wrong with people who cannot see what is happening before their very eyes."The destruction of the distinction between truth and falsehood is the foundation of dictatorship."

Trunp said he would drain the swamp. He plans on putting that piece of poop, Sen Cotten to replace Tillerson. Cotten approves of water-boarding.

And this swamp drainer in May Mr. Zinke signed an order to "jump-start" energy production in the petroleum reserve, ordering officials to review the reserve's management plan with an eye toward potentially revising it to maximize output. He ordered new estimates of how much oil and gas lay under the ground of both NPR-A and part of the Arctic refuge. Trump has created policies aimed at overturning greenhouse gas regulations on power plants, repealing limits on methane emissions, weakening automobile efficiency standards, enlarging subsidies for coal plants andincreasing oil drilling in the Arctic.

and there are these Trump choices to filler most important agencies and posts. Each Trump judicial nominee is more controversial than the last. Brett Talley, Trump's nominee for the middle district of Alabama, is an extreme right-wing lawyer who has never even tried a case. Ever. He is wholly unqualified to preside over federal cases.

... and this pick: "Trump's HHS Pick Alex Azar Is the Worst Pharma Bro of All

... and Trump Picked Mulvaney, who has a track record of ignoring the CFPB, even calling it a "sad, sick joke." His appointment as the acting head of the CFPB would cause doubt as to whether financial regulators are truly independent and looking out for the American people. This isn't the first time Trump has chosen people to lead agencies that they have actively fought to undermine throughout their careers. Just look at Secretary of State Rex Tillerson straight out of Exxon. or EPA Administrator Scott Pruitt. Mulvaney at the head of the CFPB is another opportunity for Trump to let powerful financial institutions take advantage of American workers.

When I read people who praise or defend Trump I worry about such blindness.

Submitted on Wednesday, Dec 6, 2017 at 3:28:08 AM

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GEEZE, Rob, I read that title and almost fell off my chair.

I am exhausted from this year!

Submitted on Tuesday, Nov 28, 2017 at 2:40:56 AM

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Rob Kall

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I've been called to task for the title. It was my first thought when I learned of Trump's move. But the modification I've made is more accurate.



Submitted on Tuesday, Nov 28, 2017 at 2:45:00 AM

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Rob, your title was to make a point. I got it....

Submitted on Tuesday, Nov 28, 2017 at 6:39:42 AM

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Don't you agree that we went too far if we can even for a moment believe the possibility?

Submitted on Wednesday, Dec 6, 2017 at 1:01:40 AM

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I know one thing above all: It is IGNORANCE that will destroy us and the Oligarchs who run this nation know this. "The destruction of the distinction between truth and falsehood is the foundation of dictatorship."

Submitted on Wednesday, Dec 6, 2017 at 3:57:02 AM

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Can't be stated any better.

Submitted on Thursday, Dec 7, 2017 at 2:52:36 PM

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So nice to see we agree on this!!!!

Submitted on Thursday, Dec 7, 2017 at 3:32:53 PM

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Trump is trespassing basic and fundamental tenets of the US laws and constitution. Unless activists including Democrats unite and monitor him, this brazen violation may continue to torment people

Submitted on Tuesday, Nov 28, 2017 at 7:15:50 AM

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This is Fail in addition to CPFB. Two Thumbs down " "

Submitted on Tuesday, Nov 28, 2017 at 4:51:46 PM

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CFPB My Bad

Submitted on Tuesday, Nov 28, 2017 at 4:55:36 PM

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CFPB

Submitted on Tuesday, Nov 28, 2017 at 4:54:49 PM

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It's like Trumpf just can't help himself.

He has to put people who want to destroy useful (or at least potentially useful) government agencies in charge of those agencies.

He has to undermine the structures that keep people healthy, alive, and informed.

Why?

Because he has no idea how to run anything.

He knows how to make a deal. He doesn't know how to use the fallout from those deals to his advantage.

He leaves that to lesser people, somewhere down the corporate ladder, and hopes they know what they're doing, because he sure doesn't.

He just plows ahead with making deals from on high while things go to hell down below, and when it all collapses... well, onto the next business. And the next. And the next.

After all, he's Trump. He's the name. He's always got someone who will bail him out.

Maybe that's how you run a business, but that's not how you run a government.

Because who's going to bail us out?

Oh, right. US.

Submitted on Tuesday, Nov 28, 2017 at 6:04:57 PM

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Agree with your good comment except "Maybe that's how you run a business .."

Serious business can't be run that way either. Only this cheating activity called "real estate" in apparently too many communities, including New York.

You know "borrow, cheat on tax, bankrupt, borrow, cheat".

And idiots bail you out.

Submitted on Wednesday, Dec 6, 2017 at 1:07:15 AM

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Afraid I have to agree with Michael Green above to a certain extent. Using the broken clock analogy, Trump appears to be in the right here.

Rob may not have been aware of this at the time of his writing, as it came out just last Saturday, but the CFPB's own head legal counsel also agreed with the DOJ that Trump has the authority to appoint Mulvaney in the interim. She cites the 'Federal Vacancies Reform Act', another thing Rob either was not aware of, or chose to omit for whatever reason from his article:

"In the present circumstances, it is not necessary to resolve the meaning of "absence or unavailability" because the statutory language, legislative history, precedent from the Office of Legal Counsel at the Department of Justice, and case law all point to the conclusion that the President may use the Vacancies Reform Act to designate an acting official, even when there is a succession statute under which another official may serve as acting."

Here's a pretty good article explaining things, no right-winger the author:

Suits against President Donald Trump for abuse of executive power are an important tool for preserving the republic. But the newly filed suit by Democratic appointee Leandra English for the right to serve as acting director of the Consumer Financial Protection Bureau is not helping the cause.

It's based on a highly technical statutory provision, not the Constitution, which instead would tend to support Trump's authority to choose an acting director while he waits for the Senate to confirm a new head he's appointed. The suit is a partisan maneuver that will detract from the seriousness of the effort to keep executive power in check where it matters.......

.......But anyone who cares about limiting executive power should be clear that this case is not part of the familiar pattern of Trump administration executive overreach. Trump is acting within constitutional norms.

Submitted on Tuesday, Nov 28, 2017 at 8:24:33 PM

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