This article from American Banker must have been written by people who know nothing about Senate procedure.
WASHINGTON — Republicans are strongly considering using a rare procedural move to prevent President Obama from making a recess appointment to install a director of the Consumer Financial Protection Bureau.
Forty-four GOP senators signed a letter last week vowing to block any nominee absent several significant changes to the bureau, a move that political analysts said all but guarantees the president will use his recess appointment powers. But Republican lawmakers are weighing tactics to make that option much less appealing or prevent it altogether by leveraging their power over other financial services nominees.
“If they were to go the recess-appointment route, I believe Senate Republican leadership would use every tool at their disposal and there would be a major response from Senate Republicans,” a Republican Senate staffer said Friday. “It could result in costs to other nominees, and I think it would ultimately affect the legitimacy of whoever is recess-appointed to run the CFPB.” [...]
Republicans are eyeing a tactic first employed by Democrats when President Bush was in power to hold “pro forma sessions” — short sessions during which no business is conducted — that prevents the Senate from being considered in “recess.” Republicans used the tactic successfully last year after agreeing to confirm 54 of the president’s nominees, but preventing him from making any recess appointments [...]
If Obama were to recess-appoint a CFPB director, Republicans could also hold up any other financial services nominees. A slate of several nominations, including the heads of the Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, is expected soon.
OK, so here’s the deal. Republicans in the Senate cannot hold pro forma sessions. They are the minority party. They don’t control the schedule of the Senate. It’s true that last year, Republicans secured an agreement from Harry Reid to hold pro forma sessions. But read the fine print. That only happened after they confirmed 54 nominees. The whole point of this idea is, in the event of a recess appointment, Republicans would block other nominees in the financial services sector. Under similar terms of last year’s agreement, Republicans would have to allow votes on those individuals, defeating the entire purpose of the blackmail. Otherwise, Democrats are unlikely to agree to the pro forma sessions.
I’m guessing Republican aides called around to find someone, anyone, willing to buy their spin. Looks like it worked.
Meanwhile, it’s not like Republicans are speeding through Presidential nominees currently. It’s taken months to get judicial nominees confirmed. Some of them have been moving through so far this year, but this past week a relatively uncontroversial district court judge in Rhode Island needed a cloture vote (which he was able to obtain). Other Presidential nominees have lingered for months if not years. Republicans have already said they’d block any replacement for Commerce Secretary (Gary Locke is becoming the US Ambassador to China) unless Obama’s trade deals pass. This threat is empty because Republicans saying that they’ll block nominees if the President recess-appoints a CFPB director would not change the status quo of obstructionism one iota.
So this threat is empty, and should be regarded with a laugh and a recess appointment for CFPB as soon as possible. In addition, they should elevate this threat. “Republicans just sent me a letter saying that they’ll stop the business of the Senate if I dare install someone to protect consumers getting ripped off by banks and mortgage companies,” would be a sample public statement.
The one useful part of the article is the speculation that the White House would change the organizational chart of CFPB from a single director to a commission with a chairman, a la the FCC or FDIC.
Political observers said a compromise is unlikely but feasible. Some speculated the administration could find one Republican demand palatable: that the director be replaced by a commission.
“Is this something that the administration might be able to live with? I would say yes, but there some costs involved in this,” said Mark Calabria, a former top aide to Shelby. “The trade-off might be that, at the end of the day, Shelby sits down with the administration and says, ‘Well, make it a board, and in exchange we’ll let Elizabeth Warren be the chairman.’”
I don’t see that coming to pass either, to be honest, but it’s certainly a way for the White House to thread the needle. They make Warren the chairman, Republicans get two seats, and one of the other two Democratic seats goes to one of Geithner’s minions who forces a more bank-friendly approach. Now that’s certainly possible. And it should be guarded against. There’s no need for a compromise on protecting consumers.




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We are so banking (oops, a pun) on that recess appointment! May it come to pass.
Pardon the O/T, but here’s a really good article on Geithner’s role in the Ireland mess. (I swear you linked to it earlier, David, but you write so much in such a short time, that I can’t find it now. Apologies.)
is as close to a content-free statement as one can make in English.
I wonder whether Geithner planted this POS.
I read about it but haven’t yet written on it. Thanks.
d
Party who cried wolf cries wolf …
Party who approves almost no appointment threatens to approve no appointments.
As much as we like to criticize (and rightly so) the Democrats for keeping their powder dry, this is the flip side: burn all your powder as fast as you can, leaving you powder-less.
can we use recess appointments to get better republicans into congress?
Declare the seats of the WATBs and obstructionists vacant – it isn’t like they’re doing any work – and appoint replacements who are somewhat saner.
It’s amazing the GOP keeps trying to screw everyone but the rich and they somehow stay in office. Voters watch commercials and vote for the most effective fear tactic. There can’t be much more to it.
Excellent points as usual from David.
Of course, I have to ask the obvious question. When has President Obama failed to miss an opportunity compromising on something he didn’t need to?
The Republicans are remarkably adept at managing their coalition. The Democrats haven’t even had a coalition since the New Deal coalition fell apart. They’re just “not the other guys”. Since they have no coalition, they don’t do crap for their “base”. Republicans get elected and they pass a bunch of abortion bills, pandering to their base (but accomplishing nothing). Democrats get elected and piss on their base, because all they think they need to do is be “not the other guys”.
The good news is that the Republican coalition seems to be coming apart, perhaps because they can’t deliver the goods with deficit spending any more. The bad news is that there is still no Democratic coalition, nor any signs of one forming.
In the absence of solid blocks of issue-oriented voters, politicians just grub for money to run ads, marketing themselves like detergent. This is generally pretty effective, but the Whitman campaign in California showed that there are limits to that as well.
Great post, David.
Global financial reforms are long overdue. The mega-banks had to be stabilized, they are too interconnected in the financial system we are all dependent on. Now they should be broken up into smaller pieces so that they are never again “too big to fail”. Even Obama won’t do it.
– Balkingpoints / www
R U Kidding? Obama put the bankers on the gravy train. Trickledown. Save the bankers then they’ll help eveyone afterwards. Herbert Hoover.
Yeah, that’ll happen….
Wow, what on earth is going on here?
Is Shelby or his ‘former aide’ (aka ‘lobbyist’) trying to bleat to the banksters that Shelby is vewy, vewy powewful and should therefore be given lotsa $$$?
Because if this is the best bullshit that Shelby can dream up… well, it’s kinda embarrassing.
This:
If the WH tries to ‘thread the needle’, they’re going to look like wankering, politically motivated weenies.
I can’t find any defenders of Geithner; the man seems to be widely derided. And if the WH thinks that after several years of foreclosures (including on serving military, for Christ’s sake!), after the bank exec bonuses, and after zero prosecutions for financial fraud that Americans are going to sweetly swallow the idea that the WH is going soft on the banks (whether via Geithner’s minions, or otherwise), then I think they’re a brick short of a load.
This is a wonderful moment to expose Shelby for the synchophant that he appears to be: remind people about Shelby’s role in deregulation, point out who his campaign contributors are and ask why the man needed to raise $26,000,000 to run in one of the nation’s poorest, least educated states.
I say this is a marvelous opportunity to allow Richard Shelby to twist in the political winds of a disaster he was directly responsible for helping to create. Karma’s a bitch with one hell of a sense of humor.
why dont the dimocrats just roll over and play dead, or roll over and let the goopers rub their tummies.
can we show some spine here at long last and appoint this popular person to head this commission, and then REAP the benefits of the popular things she gets done??
If this doesn’t happen by recess appointment, then it won’t happen at all.
Why don’t the dems work as hard coming up with “obscure procedures” to block stuff that is anti-progressive as the rethugs and teatards do?
As for a recess appointment…Gobsmack the right as obstructionsits BIG TIME in the press then call their bluff…They will fold like Sister Sarah did half-way thru her term as AK’s gov…