If a recess appointment cannot be made, there are two statutory mechanisms provided by Congress. The first is found in Section 1011 of Dodd–Frank
Federal Vacancies Reform Act of 1998 (FVRA), which provides an alternative means by which the President may appoint an eligible government employee to temporarily perform the nondelegable functions and duties of a vacant advice-and-consent position in an executive agency.
Recall that in November 2017, Director Richard Cordray resigned from the CFPB to run for governor of Ohio, and President Trump invoked the FVRA in naming Office of Management and Budget director Mick Mulvaney as acting director of the CFPB.
Leandra English, whom director Cordray appointed as deputy director of the CFPB on the same day he resigned from office, sued Mulvaney and the President, arguing that the FVRA did not apply when another statute expressly designates an officer or employee
to perform the functions and duties of a specified office temporarily in an acting capacity and that she was entitled to run the agency as acting director under Section 1011 of Dodd–Frank.

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More from @MesMitch

26 Feb
Secret U.N. files reveal scale of Russian, Turkish military buildup in Libya @POTUS @VP
There was no apparent need for Russian reinforcements. The Dec. 7 flight came in the midst of a months-long cease-fire, as Libyan negotiators held talks in Tunisia in hopes of ending the civil war that has killed thousands of Libyans and displaced hundreds of thousands more.
At a time when there is no fighting, and new prospects for peace have taken hold, Russia, Turkey ❗😡and other countries that have inserted themselves into Libya’s struggle “are burrowing in.”@POTUS @VP
Read 9 tweets
26 Feb
ItaMilRadar, a monitor of military flights in the Mediterranean Sea, said it tracked a number of Russian military planes flying in and out of Libya, including an Air Force Ilyushin Il-76MD and AF Tu-154M.
It said a 🇷🇺n Air Force Tupolev M154-TU landed in Benghazi airport. The nature of the flight is unknown. ItaMilRadar also tracked an Emirates Boeing aircraft about a week ago in flight over western Egypt before disappearing from all tracking sites after entering the 🇱🇾n airspace.
Meanwhile, Reuters quoted Turkish President Tayyip Erdogan as saying on Sunday that Turkish military units had started moving to Libya to support the Government of National Accord (GNA) based in Tripoli
Read 5 tweets
26 Feb
Further weakening of the Atlantic Meridional Overturning Circulation (AMOC) could result in more storms battering the UK, more intense winters and an increase in damaging heatwaves and droughts across Europe.
Scientists predict that the AMOC will weaken further if global heating continues, and could reduce by about 34% to 45% by the end of this century which could bring us close to a tipping point” at which the system could become irrevocably unstable. #StopExtinction #ClimateAction
The AMOC is one of the world’s biggest ocean circulation systems, carrying warm surface water from the Gulf of Mexico towards the north Atlantic, where it cools and becomes saltier until it sinks north of Iceland, which in turn pulls more warm water from the Caribbean.
Read 5 tweets
25 Feb
In the Turkish capital Ankara, after three months, all of a sudden, former Minister of Treasury and Finance Berat Albayrak’s circle started a defense campaign regarding the eroded foreign currency reserve.
They are making statements based on “There is no reserve that has been eroded.” They are issuing demagogic statements advocating their former stance and they are posting tweets. Why all of a sudden?
As a matter of fact, officials, starting with the outgoing Central Bank Governor Murat Çetinkaya, and another former Central Bank governor, Murat Uysal, who was also removed, never made any satisfactory statements to the public.
Read 7 tweets
24 Feb
California lawmakers push to stop deportations and end jail transfers to Ice
State’s controversial practice of coordinating with immigration authorities has come under widespread scrutiny in recent months
California’s controversial practice of coordinating with Ice agents has received widespread scrutiny in past months the state had transferred two immigrant prisoners 2️⃣Ice 4️⃣ deportation after they had served as incarcerated firefighters on the frontlines theguardian.com/us-news/2020/s…
Kao Saelee, 41, was scheduled to leave prison after 22 years behind bars in August. But on the day of his release, when his sister was waiting to take him home, California instead handed him over to immigration authorities. He remains in Ice custody in Louisiana.
Read 4 tweets
24 Feb
Nearly five years after the negotiation of the landmark Paris agreement to limit greenhouse gas emissions and associated global warming to “well below 2.0C above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5C”, #ClimateAction
2020 was the second warmest year on record, following the record-setting 2019. Carbon in the atmosphere reached 417 parts per million (ppm) – the highest in the last 3m years. #ClimateAction @POTUS @JohnKerry
Even if we magically flipped a switch to a fully green economy tomorrow, there is still enough carbon in the atmosphere to continue warming the planet for decades. unfccc.int/process-and-me…
Read 4 tweets

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