-XGLFLDO:DWFK ,QF - Judicial Watch | Because No One Is ... · 2EWDLQHGYLD)2,$E\-XGLFLDO:DWFK ,QF rom: ... 2EWDLQHGYLD)2,$E\-XGLFLDO:DWFK ,QF Email: ... bout to entar So help me

$Page 1: -XGLFLDO:DWFK ,QF - Judicial Watch | Because No One Is ... · 2EWDLQHGYLD)2,$E\-XGLFLDO:DWFK ,QF rom: ... 2EWDLQHGYLD)2,$E\-XGLFLDO:DWFK ,QF Email: ... bout to entar So help me$
Obtained via FOIA by Judicial Watch, Inc.

rom: McDonald, Alicia (CFPB) </o=ustreasury/ou=exchange·administrative group (fydibohf23spdlt)/cn=recipients/cn=mcdonalda>

To: Truong, To-Quyen (CFPB) </o=ustreasury/ou=exchange administrative group (fydi bohf23spd It)/ en= recipients/ en =truongto>

Cc: Bee: Subject: FW: FOIA Request ref Cordray Documents Date: Thu Jan 19 2012 13:28:27 EST Attachments: CFPB-2012-030 Responsive Docs Final.pdf

Original Incoming Reqvest.pdf

FYI.

From: Micha!osky, Martin (CFPB) Sent Thursday, January 19, 2012 1: 16 PM To: Fuchs, Meredith (CFPB); Lepley, .Richard (CFPB); Kitt, Brett (CFPB); McDonald, Alicia (CFPB); Gordon. Michael (CFPB); Cumpiano, Flavio (CFPB); Cuttler, Noah (CFPB); Konwinski, Lisa (CFPB); Swartz, Jeff; English, Leandra (CFPB); Howard, Jennifer (CFPB) Subject: FOIA Request ref Cordray Documents

Good afternoon,

Attached is both the FOlA request pertaining to Rich's appointment as well as the responsive records that will be released. The remaining portions of the request (e.g. SF85/86) will be referred to Treasury, since they were responsible for Bureau hiring in the past.

If you have any concerns, please contact me. Thanks.i,

Martin Micha!osky

FOIA Manager Office of Reco1·ds, Privacy & FOIA

Tel: 202 435 7198

Fax: 855 FAX FOlA (329 3642)

----


Email: [email protected]

consumerfinance.gov/foia

Confidentiality Notice: The information contained in this transmittal, including attachments if any, may be confidential or privileged under applicable law, or otherwise may be protected from disclosure to anyone other than the intended reclpient(s). Any review, use, distribution, or copying of the contents of this e-mail or its attachments by any person other than the intended recipientfor any purpose other than its intended use, is strictly prohibited and may be unlawful. This communication is not intended as a waiver of the confid ential, privileged or exempted status of the information transmitted. If you have received this e-mail in error, you should permanently delete the e-mail and any attachments. Do not save, copy, disclose, or rely on any part of the information contained in this e-mail or its attachments. Also immed iately notify the sender of the misdirection of this transmittal. Your cooperation is appreciated.

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!

Dir::;t;.tor - CQ.!1!J.Ume:r.fin{!nc1at Pro;ecrir..dJ?J!£J?EU ___ _

Col'J.S.i.!.IJ)Jlf .FJ!Jf,DPJ?.lf.!..Qt.f}J.::ion Bt;.reau (CFP'B! ·---·-- Wastljnaton,

parHcinetinQ aqr: !nst par:!::ipate.whHri of

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Obtained via FOIA by Judicial Watch, Inc.CF PB-2012-030 Responsive Docs Final.pdf (Attachment 1 of 2)

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A. OATH OF OFflCE 1 will support and '.'Jef ·r.d tte Consiitution of the United States agair.st a!! enemies, foreign and domestic; that l will

he?.r true fa:ith and 1::ii<;gianr.:e tn the same; tlmt I take .\his obllga\bn freeiy, without any mental reser-1ation or purpose of evasion; and that I \VW 'N! H r.1nci failhiutry dis harge the d Jties c· i tht offic-e en 1fiht1:;,h I arn ;; bout to entar So help me God.·

8.. t-'5,FFlDAV!T AS TO STRtKiNG AGi\lNST THE FEDERAL GOVERN�ifENT I am not in ; ny !3'ttiXt=; th0 Governr:ient oi ths United States or any ace-ncv thereof. and! v;i!I

not so ar-, mployse the Govc r:imer<t er [he United Str.,,tes or any agency ::1ereof. C. :!1,FFIDAV!T AS TO THE PURCHt\SE AND SALE OF OFF CE

I ll2ve not. nor has anyone ac;ing in my bsi1aii. given. tra;;sfetred. prorniEed .::ir paid any considerntlon for or in HxpactHtion or fH:ipe of receiving assistance n se:uring U ls ppoh1�·m0nt,

(T:tkiNoie If !ho fo;m cf fh cnth en reiir,-ious grounds, cecta n modlHcations may be 'perrn:tled ptHSur nt tc 1he neli 11cus Frr.!>-? :on . t%.;to:ut:;:.1r: /�. a. Pl 1; s contacl your agency legal ct.:·.,ms o:- nd .1ico .

Obtained via FOIA by Judicial Watch, Inc.CFP8·2012·030 Responsive Docs Final.pdf {At!acJ1ment 1 of 2)

Date: January 4, 2012

:. . . .. ,... ·,.. ;1 ' • " . < 1 • ••.

To: Richard Cordray

Director

From: Richard G. Lepley!(({,Deputy Genera! Counsel for General Law and Ethics

Re: Executive Order 13490; Ethics Pledge

On January 21,. 2009, President Obama signed Executive Order 13490, "Ethics Commitments by

Executive Branch Personnel." Section 1 of the Executive Order requ i res every full-time, political

appointee who is appointed on or after January 20, 2009 to sign an Eth res Pledge. "Appointee" includes non-career Pnesrdential appointees, whether or not confirmed by the Senate.

Generaliy, an appointee must commit to:

o not accept gifts or gratuities from registered lobbyists or lobbying organizations (subject only to

a limited number of exceptions provided in the Standards of Ethical Coriduct);

o recuse himself for two years from any particular matter invofving spedflc parties in which a

former e.rnployer or client is or represents a party, if the appointee served that employer or

client during the two years prlor to his appointment;

o abide by the senior employee post-employment restriction in 18 U.S.C. § 207{c) for two years after termination from hfs appointment;

not lobby any covered Executive Branch offida! (as described-in the Lobbying Disclosure !.i.ct) or

any non-career SES appointee. for as long ;;is President Obama is in office; and

agree that any hiring or other employment decisions will be based on the candidate's · qualifications, competence and experience.

Section 1 of the Executive Order requires each covered appointee to sign the Pledge "upon becoming an

appointee." Given that earlier today President Obama appointed you to the positio n of Director of the .

Bureau of Consumer Financial Protection, please immediately sign the attached Pledge form and return it to my offke.

As a Presidential appointee, you are StJbject to fewer restrictions on partisan po!itlcal activity than you were as a career government official. We wltl prepare a memorandum outllning these restrictions for your review.

Revolving Appointees Entering

1Revoh·ing Entering

]Rcvolvi:n Jl)QorJBan: Am?QiJutees Leaving

JRevolving Alf?EOintees Leaving

Empfovment

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Obtained via FOIA by Judicial Watch, Inc.CFPB-2012-030 Responsive Docs FinaLpdf (Al\achment 1 of 2)

As a c<mdition, and in consideration, of my employment in the United States Government in a position invested with the public trust, I cnmmit myself to the following ohhgat1ons, ·which I understand are binding on me and are enforceable under law:

1. Lobhvist Gift Ban. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee.

2. Door Ban: Ail Government I will not for a period of 2 years from th( date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, induding regu!ation1', and contracts.

3. Door Ban: Lobb·vists Government. lf T was u registered lohbyist within the 2 years before the date of my appointment, in addition to abiding by the I.imitations of paragraph 2, I wili m)t for a period of2 years after the date of my app{)intment: (a) participate in any particular mnttcr on which f lobbied within the 2 years before the date of my appointment;(b) - participate in the specific .issue areu in which that particular nrnttcr falls; or (c) seek or accept employment with any executive agency that I lobbied within the 2 years before the <late of my appointment.

4. Government. If, upon my departure from !he Cfovcrnmcnt., I ani covered by the post ernployment restrictions (.in communicating with empioyccs of my former executive agency set forth in section 207(c) of title 1 S, United States Code, i agree that l will ubidc by thost restrictions for a period of 2 years following the encl of my appointment.

5. Door Ban: Government to Loblrv. 1n addition to abiding by the limitations of paragraph 4, I also agree, upon leaving Government service, not to lobby any covered cxt}cutive branch official ot non-career Senior Executive Service appointee for the remainder of the Administration.

6. Qualification Commitment l agree that any hiring or other emp1oyment decisions I make will be based on the candidate's qualifications, competence, and experience.

7. Assent fo E;n:forccment. 1 ack1ow!cdgc tbat the Executive Order entitled "Ethics Commitments by Executive Branch Personnd,'' issued by the President on January 21, 2009, ·whicb I have read before .signing this document, defines ccrtRin of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that Executive Order as a part of this agreement and as binding on me. I understand that the terms of this pledge arc in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service.

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Obtained via FOIA by Judicial Watch, Inc.CFPB-2012-030 Responsive Docs Final.pdf (Attachment 1 of 2)

REQUEST FOR PERSONNEL ACTION U.S. OJft:.;e of Pcr!.onnel Managcrn n1

I. Ac1io11s Requesn:d . Reque$t Number Rcassi rmmcnt/Convcrsion

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3. Fof Acldhional lnforr.ulliOr. Cnll amc nnd Telephone Number) I Ol-04-2012

(Typed Name. TWe Signature, and Reques1 Date} 6. Actiorl Authorized By

PRES APPT LAW EO REG PL ' l 11-203 Secs 101 l(b)&(c) I

5-E. Code 6-E. Code 6-F. L•g•I /\ull;o:ity art TI , 2 3 I

7. FROM: Po•!:ion Thie ••tl Number S. TO: Posidor. Tith! nd Number

Assistant Director, Enforcement DIRECTOR CONSUMER FINANCIAL PROTECTION 656/8487PD; 1 I 0420 Position: PD: CFPBO l Position: 65695870

S.P:iy ?l r. ..vl t I .Stcp/Ratc t 2,Tot. ,luy 11u•ay 16.Pay Pbn 17.0oc. CD 18.Grcl/Lvl 1 l 9StoplR1.1:e 20.Tot. Salor;IAwnrd S°'i'

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$25.959.00 $225 40:00 $0!4. Nam und Lccuticm cf ?o:rhion'$ Orgunl:z:..:uicn I 22. Name nnd Location of .osition's Organization CONSUMER FINANCIAL PROTEofroN BUREAU

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CONSUMER FINANCIAL PROTECTION BUREAUENFORCEMENT DIRECTOR180 I L Street NW Washington DC, I 180 I L Street '0J'W Washington DC

5-10 Point/01her

37. Sargnining Unit St•M· 8888

.. at the information 1:ntcrcd on this fom1 is accurat<> and I Signarnl'e Approv I Dllt• i$ in stl1ti11orv and re uircmcnts. Ill:VE/{$1;; SIDE OVER Editions Pl'ior to 7 i9 l Arc NN Usable After 5/30/93

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Obtained via FOIA by Judicial Watch, Inc.CFPB-2012-030 Responsive Docs Finai.pdf (Attachment 1 of2)

D YES 0 NO 1'.ifanager Request

i

! Pl"ivacy A.cl. St tement You nr requested to fornlsh rt specif:c rc son for yourrcsig;o, tion or retirement nnd reg-ulatioi S with regar<l to employment of individuals in the Federal $crdee and their

forwardi1>g address. Your rens(m may be ccmsidercd in any !toture decision regarding n.�ords, while section $506 requires ugencics to fomish U1c specific r ason for your re c11,ploymen1 in 1he Federal ser.rice and may nlso be used o determine your tennination ofFederal seNicc lo rhe Secretary of Labor or :e S1alc agency in connec· eilg.ibit:ly for unemployment compens<ltkm benefits. Your forv�·arding address wm be tion with administation ofuncmploymem compensation programs. used primarily to mail you copies of any documents you shouk! have or any p< Y or The furnishing ofthls informa!ion is. voluntary; however, failure to provide it may resuh compcnsr1tion 10 which yc>u urc entitled. in your JlOt rei:elving: (1) your copies of !hose documents yo·.1 should have; (2) pay This information is rnq-.msted 1,.mdcr authority of sections JO ' J30l, and 8506 of title or other cornpenszition due you: (3) flny unemployment compertilatlon benefi:!i 5. U.S. Code. Sections OPM and agencies to is:me to which ou mav be c111itled.

l, Reasons for Rcsighatior1IRctirc111cnt (NOTE: Your reasons arc used in d.ctcm1ining poss.ib!o unempl<lymcnt hcnc.fits. Please be specific and avoid gcncraliiations.

Your resignation!retit.::ment is effective at die end of !he day - midnight • unless you specify otherwise,)

- . ) ·t \- · . - I ' J ... _; .J

OF THE NEXT SESSION OF THE SENATE O:F THE lJNITED ST ATES, AND NO LONG ER, SUBJECT TO THE CONDITIONS PRESCRIBED BY LAW,

- INELIGIBLE FOR LEA VE. I - APPOINTMENT AFFIDAVIT EXECUTED 01/04/12,

I - OPF MAINTAINED BY BUREAU OF THE PUBLIC DEBT, 200 3RD ST.,

PARKERSBURG, WV 26106.

j -CREDITABLE MIUTARY SERVJCE: 00 YRS. 00 MOS.

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I


08 JAN 2012

in reply refer to: CFPB 1 Eric Ba!ancier

5372 Dressage Drive Bonita, California

[919021

Chief FOIA Officer Consumer Financial Protection Bureau

1500 Pennsylvania Avenue, NW (Attn: 1801 l Street) Washington, DC 20220 1-855-329-3642

FOIA REQUEST Dear CFPB FOIA Officer:

This is a request under the Freedom of Information Act (FOIA). I hereby request that a copy

of the following documents be provided to me pertaining to Richard Corday:

a) President's Obama recess appointment document b} SF-61 Appointment affidavit and oath of office - may be the same document. lf not,

provide both. c) SF 85P Questionnaire for Public Trust Positions

d) Sf-52 Request for Personnel Action e) SF-50 Notice of Personnel Action

f) SF 144 Statement of' Prior Federal Service g) SF-86 (C) Standard Form 86 Certification

If necessary provide documents may be redacted VICE denying my request in total or any item therein.

In order to help you determine my status for the applicability of any fees, I am category E requester.

Sincerely,

Requester

C.JU.c [) .cJ..rux\..;: Eric Balander

.. To:

nK n y


From: (b}(6} >

Cc: Bee: Subject: Date: Attachments:

FY!

Fuchs, Meredith ( </o=ustreasury/ou=exchange administrative group (fydibohf23spdlt)/cn=reciplents/cn=fuchsm>; Gordon, Michael {CFPB) <Jo=ustreasury/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=gordonm>; Gonzalez, Roberto (CFPB) </o=ustreasury/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=gonzalezr>

Citigroup Lobbyist Casts Doubt on Obama's Recess Appointment - Businessweek Wed Jan 11 2012 19:44:01 EST

http://www.businessweek.com/news/2012-01-11 /citrgroup-!obbyist-casts-doubt-on-obama-s recessappointment.11tml

-------------------------------------··--


From: Kennedy, Leonard (CFPB) </o=ustreasury/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=kennedyle>

To: Truong, To-Quyen (CFPB) </o=ustreasury/ou=exchange administrative group (fydibohf23spdtt)/cn=recipients/cn=truongto>

Cc: Bee: Subject Fw: Bachus letter to Holder re CFPB Date: Sat Jan 07 2012 18: 10:03 EST Attachm nts: bachusholder.pdf

From: Gonzalez, Roberto (CFPB) Sent: Saturday, January 07, 2012 12:30 AM To: Fuchs. Meredith (CFPB); Gordon, Michael (CFPB); Cabot. Chloe (CFPB); Howard, Jennifer (CFPB) Cc: Kennedy, Leonard (CFPB); Gossett, David (CFPB); McDonald, Alicia (CFPB) Subject: Bachus letter to Holder re CFPB

FYI - Bachus letter asking whether DOJ gave advice to the President on the recess appointment and asking for DOJ's position.

From: Meade, Christopher Sent: Friday, January 06, 2012 05:14 PM To: Gonzalez, Roberto (CFPB) Subject:

Roberto -- I assume you have seen this - but, if not, FYI.

Obtained via FOIA by Judicial Watch, Inc.bachusholder.pdf (At1achmenl 1 of 1)

SPENCER BACHUS. AL. CHl'.IRMAN BARNEY FRANK, M''· RANKING MEMBER ltlnim'I .Stetrn '?house or 1Rtprrsrntetillcs G:ornmittee on jf immcigl er\Jicrn

'!!Dmrhinyton. B. . 20515

January 6, 2012

The Honorable Eric Holder Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-001

Dear General Holder:

President Obama's decision earlier this week to circum.ven.t the Senate confirmation process and install Hichard Cordray as the director of the Consumer Financial Protection Bureau (the Bureau) raises a number of troubling co11stitutional and legal questions. It has also prompted speculation as to what role , if any, the Department of Justice (theDepartment) played in advising the President on the legal merits of this action.

Mr. Cordray's appointment is·a matter of significant public interest and importance. The Bureau-by launching its non·bank. sup ervision program yesterday-apparently viev.'s the apJ)Ointment as suflicient to activate certain rulernaking and other authorities pursuant to Section 1066 of the Dodd Frank Wall Street Reform and Consumer Protection Act (Pub. L. No. 111-203), even though that provision on its face conditions the exercise of those authorities on Senate confinnation of a director.

To assist the Committee in its review of this matter, please respond to the following questions and xequests for information by no later than Ja,nuary 20, 2012:_

1. Did the White House seek the Department's input or advice on any aspect of the appointment of Mr. Cordray? If so, please provide copies of any documents refiecting such input or advice, as well as copies of any communications between the Department and the vv11ite Honse that relate to the President's authority to appoint Mr. Cordray without :receiving the advice and consent of the Senate.

2. Article II, Section 2 of the Constitution gives the president the po'\ver "to fill up all Vacancies that may happen during the Recess of the Senate." Given that the Senate has been meeting in pro forma session once every third day, and that no adjournment resolution has been passed by either house of Congress, what is the Department's view on whether the Senate was "in recess" at the time of Mr. Cordray's appointment, snch that the President could lawfully exercise his recess appointment authority? Did the Department share its view on this issue with the 'VVhjte House prior to Mr. Cordray's appointment?

3. ls it the Department's view that the Director position at the Buxean was a "vacancy that ... happen[edl " such that the President was authorized to fill .it through the exercise of his Article II, Section 2 powers? If so, how do you reconcile that view with the Vacancies H.eform Act (Pub. L. No. 105-277), which purports to codify certain aspects of the exercise of the recess appointment power and does not appear to provide that a newly-created office like the directorship of the Bureau is "vacant"?

1(L SPF ER

bachusholder.pdf (Attachment 1 of 1)

The Honorable ETic Holder Page2


January 6, 2012

cc: The Honorable Barney Frank

The rule of law and Congress' constitutionally grounded authority to conduct oversight of the executive branch requires that the Administration explain the basis for its actions. Thank you in advance for your cooperation in the Committee's inquiry.

. BACHUS Chairman

)

>


From: Kennedy, Leonard (CFPB) </o=ustreasury/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=kennedyle>

To: Truong, To-Quyen (CFPB) </o=ustreasury/ou=exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=truongto>

Cc: Bee: Subject: Fw: Grassley letter to DOJ re recess appointment Date : Sat Jan 07 2012 18:09:22 EST Attachments: 2012.01.06 Grassley to Holder (DOJ) re Recess Appointments.pdf

Fyi.

From: Gonza lez, Roberto (CFPB) Sent: Saturday, January 07, 2012. 11:20 AM To: Fuchs, Meredith (CFP8); Gordon. Michael (CFPB); Cabot, Chloe (CFPB); Howard, Jennifer (CFPB) Cc: Kennedy, Leonard (CFP8); Gossett, David (CFPB); McDonald, Alicia (CFPB) Subject Grassley letter to DOJ re recess appointment

Fyi - anoti)er letter by Grassley and several other senators.

From: Meade, Christopher Sent: Saturday, January 07, 2012 08:24 AM To: Gonzalez, Roberto (CFPB) Subject: Fw:

P.S. And here's another one.

From: Siske!, Edward [rnaHto Sent: Friday, January 06, 20 To: Meade, Christo her Cc: Small, Anne Subject: RE:

Thanks Chris. And here is another in case you haven't seen this one.

From: [email protected] [mailto:[email protected])


Sent Friday, January 06, 2012 5:16 PM To: Siske!, Edwar-d Cc: Smalt, Anne Subject:

Ed - I assume you have seen this but, if not, FYI.

Chris

I ' '

i

Obtained via FOIA by Judicial Watch, Inc.2012.01.06 Grassley to 1-iolder (DOJ) re Recess Appointments.pdf (Attachment 1 of 1)

HERS KOHL ;JV1SCONSiN CHARLES E. GBASSlEY. IOWA CIANNt Ff.IN$1i.:JN, CAUi-Ol' Nt.\ ORfl.IN G Hhi'CH+ UTA CHAALf:S £. .SCi-HJ!'/,t:ft Nf:W YOHK JON KVl, tl.8120r·M

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WASHINGTON, DC 20510-6275 i;IA"::;E A Co>iir:-.:. Ctpcf Co1Jnr-ef :Jr.fl St;;tf 01rce:.rar

Kct...'I;.., L Q;.v;s, Rep!.ibffr.::m Cf:{(:fCcun$.<?i :uuf Sud{ Dl:ecror January 6,. 20} 2

Via Electronic Transmission

The Honorable Eric H. Holder, Jr. Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, N.\V. Washington, DC 20530

Dear Attorney General Holder:

On Wednesday, President Obama deviated from over 90 years of precedent established by the Department of Justice (Department), and the Deparment's Office of Legal Counsel (OLC), by recess appointing four individuals to posts in the Administration, namely Richard Cordray as the director of the Consumer Financial Protection Bureau and three members of the National Labor Relations Board, despite the fact that the Senate has not adjourned under the terms of a concurrent resolution passed by Congress. This action was allegedly based upon legal advice provided to the President by the Office of White House Counsel . We write today seeking information about what role, if any, the Department or OLC played in developing, formulating, or advising the White House on the decision to make these recess appointments. Further, we want to know whether the Department has formally revised or amended past opinions issued by the Department on this matter.

In 1921, Attorney General Daugherty issued an opinion to the President regarding recess appointments and the length of recess required for the President to make an appointment under Article II Section 2 of the U.S. Constitution. The Attorney General opined that "no one, I venture to say, would for a moment contend that the Senate is not in session when an adjournment [of 2 days] is taken. Nor do I think an adjournment for 5 or even 10 days can be said to constitute the recess intended by the Constitution."1 The reasoning of the 1921 opinion was given affirmative recognition in subsequent opinions issued by the Department, including opinions issued in 1960,2 1992,3 and 2001.4

The Department has also weighed in on the applicable time period for recess appointments in legal filings in federal courts. In 1993, ihe Department filed a hriefin the federal distcict court for the District of Columbia arguing, "If the recess here at issue were of three days or less, a closer question would be presented. The Constitution restricts the Senate' s ability to adjourn its session for

1 33 U.S. Op. Atty. Gen. 20, 25 (1921).2 41 U.S. Op. Atty. Gen. 463, 468 (J 960) (stating "I fully agree with the reasoning and with the conclusions reached in that opinion."). . 3 16 U.S. Op. Off. Legal Counsel 15, (1992) (concluding that the President could make a recess appoinlment during an intrasession recess from January 3, 1992, to January 21, 1992). 4 200! OLC LEXIS 27.

Obtained via FOIA by Judicial Watch, Inc.201 2.01 .06 Grassley to Holder (DOJ) re Recess ;,ppointments.pdf (Attachment 1 of 1 )

more than three days without obtaining the consent o fthe House of Representatives."5 Additionally, the Department, via the Office ofthe Solicitor General, argued in a 2004 briefto the Supreme Court, "To this day, official congressional documents define a 'recess' as ' any period of three or more compl te dws--:xcludlng Sundays-when either the Hou e of Represen:atives or the Senat is not

.in sess10n.' Tuts exact argument was also filed by the Sol icitor General m another case during2004 .7 Most recently, the Deputy Solicitor General argued before the Supreme Court in 20 1 0 that "the recess appointmeni power can work in - in a recess. I think our office has opined the recess has to be longer than 3 days. "8

Taken together, these authorities by the Department clearly indicate the view that a congressional recess must be l onger than three days - and perhaps at least as long as ten9- in order for a recess appointment to be constitutional. These various authorities have reached thi s conclusion for over 90 years and have become the stated position of the Executive Branch, including multiple representations before the Supreme Court, regarding the required length of time for a recess in order for the President to make a recess appointment.

Given the Department's historical position on this issue and the President's unprecedented decisi on to unilaterally r ject the years of Department precedent and Executive Branch practice, we ask that you provide responses to the fol lowing questions:

( l ) Was the Department asked to provide legal advice to the President regarding the decision to . issue recess appointments of Cordray, Block, Flynn, and Griffin? If so, was a fonnal opinion

from the Department prepared? If so, which office at the Department prepared the advice? If such advice was prepared, when will it to be made public?

(2) If a formal opinion was prepared, provide a copy of that opinion.

(3) Attorney General Opinions, such as the one offered in 1 921 , are essentially the forerunner to opinions that today come from the Office of Legal Counsel, providing legal advice to the President and executive branch on questions o f law. Such OLC opinions are accorded, in the words of one former head of OLC, a "superstrong stare decisis presumption." Was the 1 92 1 Attorney General Op inion withdrawn to make way for this new opinion of law that a recess appointment could be exercised when the Senate is in recess for only three days?

5 Memorandum of Points and Authori ties in Support of Defendants' Opposition to Plaintiffs Motion for Parti al Summary Judgment, at 24-26, Mackie v. Clinton, 827 F.Supp.56 (D.D.C. l 993), vacated as moot, ! 0 F.3d 1 3, (D.C. Cir. 1993).0 Brief for the United States in Opposition, Miller v. United States, No. 04-38 (2004) available at

)l lJ.l'LYo:.Y .1\j 1;. :i�::.;.,..t;S:>::..Dg\:\1r.kJ;:.IJ. lP.f:'.ill.'.SB}f,Jt:.\'. C1!.!iL-:l.:.!!.\l]£! P�mlf (last visited Jan. 5, 20 1 2) (citing 7 See Brief for tbe United States in Opposition, Evans v, Stephens, No. 04-828 (2004) available at i'(ift: ·_\\' Y .. \\·j_u:;ti 'i'.:.g_�'Y·��; i hx fs.· zf)ft :J)rf�JP :�u ¢s .'!0.9:t Q. .. .;·Lr!?:;,n:nd r (last visited Jan 5) 20 12). & New Process Steel v. Nat '! Labor Relations Bd , No. 08- 1 457 pg, 50 (March 23, 20 1 0), statement of Deputy Solicitor General Neil Katya! available at i;.ni :::\'.c' ·\ .: •n r:;;.1,lJ.!,: :(1, 1.\.,,g.,qy t}i:_<.1L;11 �.\JIKU.S . · 1r.!f.\!.IllC.1lUf§;l::'Q iP<> ·'1):i" (last visited Jan. 5, 20 l 2). 9 It is noteworthy to add that according to the Congressional Research Service, prior to President Obama's recent recess appointments, no president in the past 30 years dating back to President Reagan, had made a recess appointment in a shorter recess than 1 1 days for an intersession recess and 1 0 days for an intrasession appointment. See Henry B. Hogue, Congressional Research Service, Recess Appoi111ments: Freque.nrly Asked Questions, pg. 3, Dec. l 2, 20 I I .

it ,,/"-'

# p•

Obtained via FOIA by Judicial Watch, Inc.2012.01,06 Grassley to Holder (DOJ) re Recess Appointments.pd! (Attachment 1 of 1 )

(4) Has the Department formally withdrawn any other prior opinions issued by the Attorney General or OLC regarding the length of time a recess must extend prior to the President making a recess appointment? If so, which ones were withdrawn or overturned? Provide the basis for withdrawing or overturn ing those opinions.

(5) Given this unprecedented maneuver of recess appointments taking place while the Senate stood in recess for only three days, would it be the Department' s position that the President could make a recess appointment during the weekend or when the Senate stands in recess from the evening of one weekday to the morning of the next weekday?

(6) In 201 0, the Deputy Solicitor General argued before the Supreme Court that "recess has to be longer than 3 days" for the President to use the recess appointment power. Does the Department continue to support this position? If not, why not?

(7) In the event that the Department has not withdrawn or overturned any of the prior opinions issued by the Attorney General or OLC, how does the Department reconcile those opinions with the decision o f the President to make recess appointments while the Senate remained in Session? If you believe the positions can be reconciled, provide a legal basis supporting this position .

(8) Do you believe the President' s decision to make these recess appointments notwithstanding the absence of an adjournment resolution is constitutional? Please explain.

Thank you for your prompt attention ro this. matter and for responding no later than January 20,201 2. \Ve Iook forward to your detailed response.

Sincerely,

.

-···········-·-··


From: Fuchs , Meredith (CFPB) </o=ustreasury/ou=exchange administrative group (fydi bohf23spdlt)/cn=recipients/cn=fuchsm>

To: DL CFPB AHHands <to=ustreasury/ou=do/cn=recipients/cn=_dl_cfpb_a llhands>

Cc: Bee: Subject: Today's News Reports about a Recess Appointment Date: Wed Jan 04 20 1 2 1 0: 1 6 :21 EST Attachments:

As you may have seen, news reports this morning indicate that P resident O bama will recess appoint Rich Cordray today as the Director of the CFPB. The President wi l l be speaking in Ohio at 1 : 1 5 today and Rich is Ohio as wel l . The speech will l ikely be wfdely available when it happens.

As a lways, please d i rect any media inquiries to Jen Howard, J en ntfer.howard @cfpb.gov and 202-435-7454. Any legislative inquiries should be directed to Chloe.Cabot, [email protected] and 202-435-7590.

If you have any other q uestions or concerns, don't hesitate to contact me.

M eredith Fuchs

Chief of Staff

Consumer Financial Protection Bureau

Tel: 202 435 741 4 Fax: 202 405 731 4

consumeffinance.gov

Confidentiality N otice: If you received this emai l by mistake, you should notify the sender of the mistake and d elete the e-mail and a ny attachments. An inadvertent disclosure is not i ntended to waive any privlleges.

Paioe >

----··-----···----- --------------------············-······-·-··········

Lauren R


From: b l . . .

To: Cor ray, ichard ) </o::::ustreasury/ou=exchange administrative group (fydibohf23 spdlt)/cn=recipients/cn=cordrayr>

Cc: Bee: Subject: Re: Inform ation for Tomorrow D ate: Wed J an 04 201 2 09 :28:12 EST Attachments:

Good morning,

I am waiting for you inside the EEOB once you clear security.

Thanks!

From: Richard . [email protected] [mailto:[email protected]] Sent: Tuesday, January 03, 2012 02:44 PM To: Paige, Lauren R. Subject RE: I nfo rrnation for Tomorrow

They are in Ohio, but would have a two-hour drive to Cleveland

RC

F rom: Paige, L auren R. [mailto • • Sent: Tuesday, J anuary 03, 20'\ To: Cordray, Richard (CFPB) Subject: Information for Tomorrow

Hi Mr. Cordray,

Thanks for the call earlier. Below ls the info we spoke about. Quick question re: your family - are they already in Ohio? Or would they need to fly from DC?

Com e to the White House at 9:30 am - State Place entrance (17th and State Place) - across from tile Corcoran Art Museum

I wlll meet you once you clear security in the EEOB to walk you over to the Diplomatic Room


Wheels up from the South Lawn o n Marine One at 1 0:05 am

Air Force One Departs at 1 0: 25 - lands Cleveland at i 1 :35 am

Roundtable at the home of {b) 6) - 1 2:05-12:25 - you will sit next to POTUS :

Motorcade to Shaker Heights High School - you wm have some downtime while POTUS does some photolines, etc.

POTUS Remarks at S haker Heights High School - I :15-1 :45 pm -- you will go on-stage with POTUS and sit on the stool behind him - you will not deliver any rema rks

Air Force One Departs Cleveland at 2:30 pm - a rrive Andrews at 3:50 pm

M arine One back to the White House - arrive South Lawn a t 4 :05 pm

I'll send you the briefin g for the event later on this afternoon - around 5 pm.

Please let me lmow if you have any questions in the meantime.

Thanks and congratulations!

Lauren

Lau re n Paige

White House Communications

202-456-4675 (o)

(b)(6)


From:

To:

Cc: Bee: Subject: I nformation for Tomorrow Date: Tue Jan 03 201 2 1 4 :36: 1 0 EST Attachments :

Ht Mr. Cordray,

Thanks for the call earlier. Below is the info we spoke about. Quick question re: your family - are they already in Ohio? Or would they need to fly from DC?

Come to the White House at 9:30 am - State Place entrance (1 7th and State Place) - across from the Corcoran Art Museum

I vvi!I meet you once you clear security in the EEOB to walk you over to the Diplomatic Room

Wheels up from the South Lawn on M arine One at 1 0:05 am

Air Force One Departs at 1 0:25 - lands Cleveland at 1 1 :35 am

Roundtable at the home of - 1 2:05-1 2:25 - you wi!I slt next to POTUS

Motorcade to Shaker Heights Higl1 School - you will have some downtime whfle POTUS does some photolines, etc.

POTUS Remarks at Shaker Heights High School - 1 : 1 5-1 :45 pm -- you wlll go on-stage with POTUS and sit on the stool behind him - you will not deliver any remarks

Air Force One Departs Cleveland at 2:30 pm - arrive Andrews at 3;50 pm

Mari.ne One back to the White House - arrive South Lawn a t 4 : 05 pm

I'[] send you the briefing for the event later on this afternoon - around 5 pm.

Please let me know ifyou have any questions in the meantime.

Thanks and congratulations!


Lauren

Lauren Paige

White House Communications

202-456-4675 (o)

(b)(6}

J,


From: Vale, El izabeth (CFPB) </o=ustreasury/ou:::exchnnge admin istrative group (fydibohf23spd l1)/cn=recipi·:.:r.1s/cn=valee>

To: Cordray, Richard (CFPS) </o=ustreasury/ou=exchange administrative group (fydibohf23spdlt)/cn=reclpients/cn=cord rayr>

Cc: Bee: Subject: Fw: Cleveland, Ohio Ticket Pick Up lns!ructions Date: Tue Jan 03 20 1 2 1 1 :i 0:05 EST Attachments: Shaker Heights I nvited Guests.doc

----· Original Message •••••

F;om: elizabethvale Sent: Tuesday, Jan uary To: Vale . Elizabeth (C FP8) Subject: Fw: Cleveland, Ohio Ticl ·at Pick Up Instructions

Sent via BlackBerry frorn T-Mobile

-----Origina l Message----From: " Monteiro, D. Paul" <( )(6) Date: Tue . 3 Jan 20·1 2 1 1 :05: 07 To: elizabethval Subject: FW: Cleve and, 1110 1c e

Shaker Heights City School District J\dministration Bui lding

1 5600 Parkland Drive

Shaker Heights, O H 441 20

From: Dorsainvil, MoniqueSent Tuesday, January 03, 201 2 9:28 AM To: Monteiro, D. Paul Subject: Cleveland , Ohio Ticket Pick Up Instructions

Paui-1·1ere are the instructions to pass on to your invited guests. Ticket pick up is TODAY from 6-8PM.

All the best. Monique

--

P ick-up:

only opQortunitv pick-up y_our Guests Wed nesday entry .

will

Obtained via FOIA by Judicial Watch, Inc.Shaker Heigh1s l nviled Guests.doc (Attachment 1 of 1 )

Rema rks by Presi dent Obama at Shaker H eights H igh School

Shaker Heights, O h io - Wednes day; January 4, 20 1 2

North Gymnasium Shaker Heights High School

1 591 1 Aldersyde Drive Shaker Heights, OH 441 20

Ticket

Tickets will be d istributed T uesday, J anuary 3 from 6 PM to 8 PM at the Shaker Heights City School District Administration B u ilding. This will be the to

ticket without thei r t icket on wfll be denied

Shaker H eights City School District Administration B u i lding 1 5600 Park land D rive Shake r H eights, OH 441 20

There will be a table set up for White H ouse Invited Guests tickets, so y ou will not need to stand in the genera l tick et line.

Event Detai ls:

The event will be he[d at the North Gymnasium at Shaker Heights High School. Parking be available on the street.

Doors open at 10:30 A M .

White H ouse invited g uests w i l l be requi red to go through the genera l audience check- in. After parking, wal k toward the entrance to the N orth Gym nasi u m . Volunteers w ill guide you to the entrance.

Tickets will be distributed the day prior to the event. Please have it with you at the event for entry to the event.

' Please note, this ls a mostly standing event, first com e , first s erve. There is some seating ava i l able o n the bleachers but this is on a first come, first serve basis as weH.

Guests should be prepared f or airport-l ike security , and are advised to plan accord ingly for lines a nd delay s. Guests are asked to bring as f ew personal items as possible . No bags, sharp obj ects, liquid s , or signs wHI be allowed i n the venue. Cam eras are perm itted .