The advocacy group Judicial Watch, recently obtain documents through a Freedom of Information filing which show that Richard Cordray, Director of the Consumer Financial Protection Bureau, acknowledged the constitutional uncertainty surrounding his recess appointment by President Obama.
In a message Cordray send to CFPB staff on Feb. 6, he wrote about the vulnerability of his appointment, given its lack of Senate confirmation: “There is a chance (a minor chance in my view, though everyone is entitled to his or her own opinion) that the appointment would be invalidated by a court.”
Perhaps more important, however, is this comment by Cordray in that same Feb. 6 communication: “The fact that this appointment is for two years (and in some conceivable circumstances it could be shorter) does matter in one important respect…This time period should give to each one of us, and not only me, a fierce urgency to accomplish the work we are doing together.”
The message at the CFPB is clear: the bureau was formed to accomplish something; it will not be idle. It is seeking to make a difference, and to make that difference relatively quickly. That message is coming down from the top.
Click here for a look at the Judicial Watch statement.