Obtained Via FOIA by Judicial Watch, Inc.: Final PDF

~ r o m :
To:
Cc:
Bee:
Subject:
Date:
Attachments:
FYI.
McDonald, Alicia (CFPB)
</o=ustreasury/ou=exchangeadministrative group
(fydibohf23spdlt)/cn=recipients/cn=mcdonalda>
Truong, To-Quyen (CFPB)
</o=ustreasury/ou=exchange administrative group
(fydi bohf23spd It)/ en= recipients/ en =truongto>
FW: FOIA Request ref Cordray Documents
Thu Jan 19 2012 13:28:27 EST
CFPB-2012-030 Responsive Docs Final.pdf
Original Incoming Reqvest.pdf
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 Reco1ds, Privacy & FOIA
Tel: 202 435 7198
Fax: 855 FAX FOlA (329 3642)
Obtained via FOIA by Judicial Watch, Inc.
Email: martln.michalosky@cfpb.gov
consumerfinance.gov/foia
Confidentiality Notice: The information contained in this transmittal, including attachments if any, may
be confidential or privileged under applicable law, or othervvise may be protected from disclosure to
anyone other than the intended recipient(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 confidential, 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 immediately notify the sender of the misdirection of this transmittal. Your cooperation is
appreciated.
------------
........
...!
!
CF PB-2012-030 Responsive Docs Final.pdf (Attachment 1 of 2}
Dir:::t;.tor- CQ.fl!}.Ume:r.fin{!ncial Prorecrir..dJJJdiJ?EU ___ _
!t:i App-:;fnf.ff\.9
CofJ.S.i.!.IJ)Jlf .FJ!Jf,DPJ?.lf.!..Qt.f!:.::ion Bt;.reau (CFP'B! ------
o. . .o;y_:
Wastljnaton, DC
;J!
_do :;o!emnly S\Vecx {or
A. OATH OF OFF1CE
1 ,viJI support aM tte Consiitution of the United States agair.st a!! enemies, foreign and domestic; that I ,,.ill
he?.r true i<.:ith and tn the same; that I take .\his obllga\bn freely, without any mental reser-1ation or purpose of
evasion; and that I \VW r.-:nci failhiutry the d\Jties ci offic-e en 'fihtc,h I arn to So help me God.
B.. t-'S,FflDAV!T AS TO STRiKiNG AGl\lNST THE FEDERAL
I am not parHcinetinQ in !3'ttiXt=; th0 oi ths United States or any ace-ncv thereof. and! v;i!l
not so par:!::ipate.whHri a;-, of the cr [he United Str.,tes or any agency ::,ereof.
C. t1,FFIDAV!T AS TO THE PURCHt\SE AND SAlE OF
I ll:?.ve not. nor has anyone ac;ing in my bsi1aii. given. trailsfetred. promiEed .,r paid any consideration for or in
HxpactHtion or fHJpe of receiving assistance se:uring

Noie If !ho fo;m of cnth en reiir,-ious grounds, modlHcations may be 'perm:tted tc 1he
contael your legal .
CFP82012030 Responsive Docs Final.pdf {At!ac11ment 1 of 2)
Date: January 4, 2012
To: Richard Cordray
Director
From: Richard G. Lepley!(({.
Deputy Genera! Counsel for General Law and Ethics
Re: Executive Order 13490; Ethics Pledge
:. . .. ,... ,..
i ' . < f
On January 21,. 2009, President Obama signed Executive Order 13490, "Ethics Commitments by
Executive Branch PersonneL" Section 1 of the Executive Order requires every full-time, political
appointee vvho is appointed on or after January 20, 2009 to sign an Ethrcs Pledge. "Appointee" includes
non-career Presidential 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 Cot'lduct);
o recuse himself for two years from any particular matter invofving sped-fie parties in which a
former e.rnployer or client is or represents a party, if the appointee served that employer or
client during the t"No years prlor to his appointment;
o abide by the senior employee post-employment restriction in 18 U.S.C. 207{t) for two years
after termination from hfs appointment;
not lobby any covered Executive Branch offida! (as described in the Lobbying Disclosure !.l.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
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 position of Director of the .
Bureau of Consumer Financial Protection, please immediately sign the attached Pledge form and return
it to rny offke.
As a Presidential appointee, you are StJbject to fewer restrictions on partisan political activity than you
were as a career government official. We wltl prepare a memorandum outllning these restrictions for
your review.
CFPB-2012-030 Responsive Docs FinaL pdf (Al\achmenl1 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 ohhgations, >vhich I
understand are binding on me and are ent()rceah!c 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. Revolving Door Ban: Ail Appointees Entering Government I wi!l not for a period of2 years
from date of my appointment participate in any particular matter involving specit'i.c parties that
is directly and substantially related to my tbrmer employer or former diems, induding
and contracts.
3. 1Revohing noor Ban: Lobbvists Entering Government lf T was u registered lobbyist within
the 2 years before the date of my appointment, in addition to abiding by the !.imitations of paragraph
2, I \Vill nQt I<>r 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 m<1ttcr falls; or
(c) seck or accept employment with any executive agency that I lobbied within the 2 years before
the <late of my appointment.
4. Jl)Qor lBan: Am?QiJutees Leaving Government. If, upon my departure tlom !he
Government, I an1 covered by the post ernployment restrictions (.in communicating with empioyccs
of my tormcr executive agency set fi1rth in section 207(c) of title 1 S, United States Code, i agree
that l will ubidc by restrictions tbr a period of 2 years following the end of my appointment.
5. JRevolving Door Ban: Alf?EOintees Leaving 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 branch oftlcial ot non-career Senior Executive Service appointee for the
remainder of the Administration.
6. Employment Qualification Commitment l agree thi.lt any hiring or other emp1oyment
decisions I make will be based on the candidate's qualii:kations, competence, and experience.
7. Assent to E;n:forccment. 1 ack!lOwlcdgc tbat the Executive Order entitled "Ethics Commitments
by Executive Branch Personnel,'' issued by the President on January 21, 2009, \Vhicb I have read
before signing this document, defines certtdn of the terms applicable to the foregoing obligations
and :;cts forth the methods for cntcm::ing them. I expressly accept the provisions ofthat Executive
Order as a part of this agreement and as binding on I understand that the terms of this pledge
nrc in addition to any statutory or other legal restrictions applicable to me by virtue of Federal
Government service.
-1?--f-'
l, Oate
"'i ! ,l ' 1 /' '.j
... .. ..f:lt;1 ___ ------------ .. ----
Print nr type your fu1J name (Last/first, middle)
CFPB-2012-030 Responsive Docs Final.pdf (Attachment 1 of 2)
Sr<.ifRI:rrd Fo1m S! REQUEST FOR PERSONNEL ACTION
Rev 71'Jl
U.S. OJft:.;e of Pcr!.onnel
(Typed Name. Tille,
CONSUMER FINANCIAL
ENFORCEMENT
180 I L Street NW Washington DC
;;.
2. R<q\le$1 Number
Actio <I Authorized By
CONSUMER FINANCIAL PROTECTION BUREAU
DIRECTOR
180 I L Street 't'J'W Washington DC
I
I
I
CFPB-2012-030 Responsive Docs Finai.pdf (Attachment 1 of2)
Name: Cordrav.Richard A PAR Number:
;.
"''{Note to Do you kno\v of additional or conflicting rc,!sons :or the cmploycc.s rcslgnation/retiremcm? ..
lf""YES'"', please !hcsc n1cts on a scparutc sheet and ;mach to SF 52). 0 YES 0 NO
lvl'anager Request
i

!
Pl"ivacy Act
You requested to furnlsh rt specific for or retirement nnd with regar<l to employment of individuals in the Federal $erdee and their
forwardillg address. Your rens(m may be ccmsidered in any ftoture decision regarding while section $506 requires ugencies to fi1mish the specific fo1
your in !he Fe-deral ser.rice and may nlso be used determine your tennination of Federal seNitc lo rhe Secretary of Labor or :e S1alc agency in eonnec
eilg.ibH:ty f<lr unemployment compens<ltkm benefits. Your address wm be tion with administation ofuncmployrnem compensation progr-llms.
used primarily to mail you copies of any documents you have or any or The furnishing ofthls informa!ion is. voluntary; however, failure to provide it may resuh
compcnsr1tion 1o which yc>u nrc entitled. in your JlOt rei:elving: (1) your copies of !hose documents yo., should have; (2) pay
This inf(.)rrnation is 1.mdcr authority of sections JO J30l, and 8506 of title or other due you: (3) ;1ny unemployment compert!latlon benefi:!i
S.U.S. Code. Sections 301 abd 3301.J!l:thorize OPM and agencies to is:me to which ou mav be crHitled.
l, Reasons for Rcsighatio:\IRctircmcnt (NOTE: Your reasons arc used in d.ctcm1ining poss.ib!o unemployment bene. fits,
Please be specific and avoid generalizations.
Your resignation!retit.::ment is cifcctivc at d1c end of!hc day- midnight unless you specify otherwise,)

2. Effc<:tive Dott 3. You: Signature l 4. Dte Sigr.od , 5, Forwariti:\g Addrtss Street, City, State, 2JP Cocle)
-l. .) . . - - ,_; J
OF THE NEXT SESSION OF THE SENATE OF THE \JNITED STATES, AND NO
LONGER, SUBJECT TO THE CONDITIONS PRESCRIBED BY LAW,
-INELIGIBLE FOR LEAVE.
I -APPOINTMENT AFFIDAVIT EXECUTED 01/04/12,
I
I
j
I
I
- OPF MAINTAINED BY BUREAU OF THE PUBLIC DEBT, 200 3RD ST.,
PARKERSBURG, WV 26106.
-CREDITABLE MIUTARY SERVJCE: 00 YRS. 00 MOS.
Chief FOIA Officer
Consumer Financial Protection Bureau
1500 Pennsylvania Avenue, NW
(Attn: 1801l Street)
Washington, DC 20220
1-855-329-3642
Dear CFPB FOIA Officer:
FOIA REQUEST
08 JAN 2012
in reply refer to: CFPB 1
Eric Ba!ancier
5372 Dressage Drive
Bonita, California
[919021
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
requestor.
Sincerely,
Requestor
f:.JD.c [)
Eric Balander
From:
To:
Cc:
Bee:
Subject:
Date:
Attachments:
FY!
.. (b}(6}
~ n K ~ n ~ y >
Fuchs, Meredith (CFPB)
(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://'N'VWV .businessweek.com/news/20 12-01 ~ 11 /citrgroup-lobbyist-casts-doubt-on-obama-Necess-
appointment.lltml
-------------------------------------
From:
To:
Cc:
Bee:
Subject
Date:

Kennedy, Leonard (CFPB)
(fydibohf23spdlt)/cn=recipients/cn=kennedyle>
Truong, To-Quyen (CFPB)
(fydibohf23spdtt)/cn=recipients/cn=truongto>
Fw: Bachus letter to Holder re CFPB
Sat Jan 07 2012 18:1 0:03 EST
bachusholder.pdf
From: Gonzalez, Roberto (CFPB)
Sent: Saturday, January 07,2012 12:30 AM
To: Fuchs. Meredith (CFPB); Gordon, Michael (CFP8); 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 05:14PM
To: Gonzalez, Roberto (CFPB)
Subject:
Roberto- I assume you have seen this- but, if not, FYI.
bachusholder.pdf (Attachmenl1 of 1)
SPENCER BACHUS. AL. CHI'.IRMAN
ltln(W] _5t8trs 1flOU5C or 1Rtprrsenteti\JC5'
G:ommittee on jfimmcigl
'!!Darrhinyton. 20515
The Honorable Eric Holder
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-001
Dear General Holder:
January 6, 2012
BARNEY FRANK, M'' RANKING MEMBER
President Obama's decision earlier this week to circunwen.t the Senate confirmation
process and install Hichard Cordray as the director of the Consumer Financial Protection
Bureau (the Bureau) raises a number ofttoubhng cOilStitutional. and legal questions. It has
also prompted speculation as to what role, if any, the Department of Justice (the
Department) played in advising the President on the legal merits of this action.
Mr. Cordray's appointment isa matter of significant public interest and importance.
The Bureau-by launching its nonbank. supervision program yesterday-apparently viev.'s
the apJ)Ointment as suflicient to activate certain rulemaking 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
ret1ecting such input or advice, as well as copies of any communications between the
Department and the v'Y11ite 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
Depmtment's view on whether the Senate was "in recess" at the time of Mr.
Cordray's appointment, su.ch that the President could lawfully exercise his recess
appointment authority? Did the Department share its view on th:is issue with the
vvbte House prior to Mr. Cordray's appointment?
3. Is it the Department's view that the Director position at the Burean was a "vacancy
that ... happen[edl" such that the President was authorized to fill.it through the
exercisH of his Article II, Section 2 powers? If so, how do you reconcile that view
with the Vacandes 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 "vacal'l.t"?
bachusholder.pdf (Attachment 1 of 1)
The Honorable ETic Holder
Page2
January 6, 2012
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.
cc: The Honorable Barney Frank

. BACHUS
Chairman
From: Kennedy, Leonard (CFPB)
(fydibohf23spdlt)/cn=recipients/cn:::::kennedyle>
To: Truong, To-Quyen (CFPB)
(fydibohf23spdlt)/cn=recipients/cn=truongto>
Cc:
Bee:
Subject:
Date:
Attachments:
Fyi.
Fw: Grassley letter to DOJ re recess appointment
Sat Jan 07 2012 18:09:22 EST
2012.01.06 Grassley to Holder (DOJ) re Recess Appointments. pdf
From: Gonzalez, 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, Chnstopher
Sent: Saturday, January 07,2012 08:24AM
To: Gonzalez, Roberto (CFPB)
Subject: Fw:
P.S. And here's another one.
From: Siskel, Edward [maHto
Sent: Friday, January 06,
To: Meade, rh,ic-tr,,..,h,ar
Cc: Small, Anne
Subject: RE:
Thanks Chris. And here is another in case you haven't seen this one.
From: Christopher.Meade@treasury.gov [mailto:Christopher.Meade@treasury.gov)
Sent Friday, January 06, 2012 5:16 PM
To: Siskel, Edwar-d
Cc: Smal!, Anne
Subject:
Ed- I assume you have seen this but, if not, FYI.
Chris
i
I
'
'
2012.01.06 Grass ley to 1-iolder (DOJ) re Recess Appointments.pdf (Attachment 1 of 1)
HERS KOHL ;JV1SCONSiN
CIANNt Ff.IN$1i.:JN,
CHAALf:S . .SCi-HJ;o,t,t:n. Nf:W YOHK
t:HJHBIN. lt..\.1:-:.!ClS
SHEUXiN \Vt-lffEh0liS6. RkOOE ISL-'\ND
Mi:>JNtrSQiA
Al fHANKEr-1.
CHfiiSTO?><r:P. 1\ COONS. OI:LAW.ARI!'
P.ICHAP.O SlUMENfHAL, C0NN&C1"1CUr
CHARLES E. GBASSlEY. IOWA
ORfi.IN G Hhi"CH+
JON KVl, ti.R120rM
.JC:Fr: SESSIONS. Al.r ... g;..;.,v\
\JNOSEY 0. GHAHAM. SOU'fK CAAOUNA
JOHN CORNV<{. 1CXA."l
S. LEE. UTAH
TOM CCSIJP.N.
i;IA"::;E A COH!I:o..:. Ctpcf CoiJnr-ef :;r.tt St;;t{ 01rce:.rar
'11inttcd ;arnatc
COMMITTEE ON THE JUDICIARY
WASHINGTON, DC 20510-6275
Kct...'l;.,. L Q;.v;s, Rep!.ibf1(::m Cf:{(:fCcun$-<?i :uuf SUd{ Dl:ecror January 6,. 2012
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 ofthe 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 [of2 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."' The reasoning ofthe 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, the 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 (1 960) (stating "1 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.
2012.01.06 Grassley to Holder (DOJ) re Rec'ilss ;,ppointments.pdf (Attachment 1 of 1)
more than three days without obtaining the consent of the House ofRepresentatives."
5
Additionally,
the Department, via the Office of the Solicitor General, argued in a 2004 brief to the Supreme Court,
"To this day, official congressional documents define a 'recess' as 'any period of three or more
dws--:xcludlng Sundays-when either the .of Represen:atives or the is not
in sesswn.' Thts exact argument was also filed by the Solicitor General m another case dunng
2004.
7
Most recently, the Deputy Solicitor General argued before the Supreme Court in 2010 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 longer than three days- and perhaps at least as long as ten
9
- in order for a recess
appointment to be constitutional. These various authorities have reached this 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
decision to unilaterally the years of Department precedent and Executive Branch practice, we
ask that you provide responses to the following 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 1921, 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 of law. Such OLC opinions are accorded, in the
words of one fonner head of OLC, a superstrong stare decisis presumption." Was the 1921
Attorney General Opinion 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 Authorities in Support of Defendants' Opposition to Plaintiffs Motion for Partial
Summary Judgment, at 24-26, Mackie v. Clinton, 827 F.Supp.56 (D.D.C. 1993), vacated as moot, ! 0 F.3d 13, (D.C. Cir.
1993).
Brief for the United States in Opposition, M[/ler v. United States, No. 04-38 (2004) available at
(last visited Jan. 5, 20 12) (citing
7
See Brief for tbe United States in Opposition, Evans v. Stephens, No. 04-828 (2004) available at
i'(ift: .. (last visited Jan 5) 20 12).
& New Process Steel v. Nat'! Labor Relations Bd, No. 08-1457 pg. 50 (March 23, 2010), statement of Deputy Solicitor
General Neil Katyal available at i;.H.!;.:::\:; '1):i" (last
visited Jan. 5, 20l2).
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 11 days for an intersession recess and 10 days for an intrasession appointment. See Henry B. Hogue,
Congressional Research Service, Recess Appointments: Freque.nrly Asked Questions, pg. 3, Dec. l2, 20 I I.
2012.01,06 Grassley to Holder (DOJ) re Recess Appointments.pdf (Attachment 1 of 1)
(4) Has the Department formally withdrawn any other prior opinions issued by the Attorney
General or OLC regarding the length oftime 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 overturning 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 2010, 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 ofthe 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 !o this matter and for responding no later than January 20,
2012. \V e Iook forward to your detailed response.
Sincerely,
~ ~ i t ~
- .......... ,_. __ . . ";"
& tY
From:
To:
Cc:
Bee:
Subject:
Date:
Attachments:
Fuchs, Meredith (CFPB)
(fydibohf23spdlt)/cn=reclpients/cn=fuchsm>
DL CFPB AHHands
<to=ustreasury/ou=do/cn=recipients/cn=_dl_cfpb_allhands>
Today's News Reports about a Recess Appointment
Wed Jan 04 2012 10:16:21 EST
As you may have seen, news reports this morning Indicate that President Obama will recess appoint
Rich Cordray today as the Director of the CFPB. The President will be speaking in Ohio at 1 :15 today
and Rich is Ohio as well. The speech will likely be widely available when it happens.
As always, please direct any media inquiries to Jen Howard, Jenntfer.howard@cfpb.gov and 202-435-
7454. Any legislative inquiries should be directed to ChloeCabot, chloe.cabot@cfpb.gov and 202-435-
7590.
If you have any other questions or concerns, don't hesitate to contact me.
Meredith Fuchs
Chief of Staff
Consumer Financial Protection Bureau
Tel: 202 435 7414
Fax: 202 405 7314
consumefftnance.gov
Confidentiality Notice: If you received this email by mistake, you should notify the sender of the mistake
and delete the e-mail and any attachments. An inadvertent disclosure is not intended to waive any
privlleges.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - -
From: Palo Lauren R
b l . . .
>
To: Cordray, 1c ar )
(fydibohf23spdlt)/cn=recipients/cn=cordrayr>
Cc:
Bee:
Subject:
Date:
Re: Information for Tomorrow
Wed Jan 04 2012 09:28:12 EST
Attachments:
----..-----------
---_________________ ...., ......-......-.-.......... .
Good morning,
1 am waiting for you inside the EEOB once you clear security.
Thanks!
From: Richard.Cordray@cfpb.gov [mailto:Richard.Cordray@cfpb.govJ
Sent: Tuesday, January 03, 2012 02:44 PM
To: Paige, Lauren R.
Subject RE: I nforrnation for Tomorrow
They are in Ohio, but would have a two-hour drive to Cleveland
RC
From: Paige, Lauren R. [mai
Sent: Tuesday, January 03, 20
To: Cordray, Richard (CFPB)
Subject: Information for Tomorrow
Hi 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 (17th and State Place) -across
from tile Corcoran Art Museum
I will meet you once you clear security in the EEOB to walk you over to the Diplomatic Room
Wheels up from the South Lawn on Marine One at 10:05 am
Air Force One Departs at 10:25 - lands Cleveland at i 1 :35 am
Roundtable at the home of
{b) 6)
-: 12:05-12:25- you will sit nextto POTUS
Motorcade to Shaker Heights High School- you wlll have some downtime whHe POTUS does
some photolines, etc.
POTUS Remarks at Shaker Heights High School-! :15-1:45 pm -- you will 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
Marine One back to the White House- arrive South Lawn at 4:05pm
I'll send you the briefing 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
Lauren Paige
White House Communications
202-456-4675 (o)
(b)(6)
From:
To:
Cc:
Bee:
>
ray,
(fydibohf23spdlt)/cn=recipients/cn=cordrayr>
Subject: Information for Tomorrow
Date: Tue Jan 03 2012 14:36:10 EST
Attachments:
------"""'"""'_ ... _ ................................................................ , .. _,,, ............................ ---------------------------
l-H 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 9:30am- State Place entrance (17th and State Place) -across
from the Corcoran Art Museum
I vvi!l meet you once you clear security in the EEOB to walk you over to the Diplomatic Room
Wheels up from the South Lawn on Marine One at 1 0:05 am
Air Force One Departs at 1 0:25 - lands Cleveland at 11 :35 am
Roundtable at the home of -12:05-12:25- you wi!l sit next to POTUS
Motorcade to Shaker Heights H!gl1 School- you will have some downtime whfle POTUS does
some photolines, etc.
POTUS Remarks at Shaker Heights High School - 1 :15-1 :45 pm -- you will go on-stage witll
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'U send you the briefing for the event later on this afternoon- around 5 pm.
Please let me know if you have any questions in the meantime.
Thanks and congratulations!
Lauren
Lauren Paige
White House Communications
202-456-4675 (o)
(b)(6}
From: Vale, Elizabeth (CFPB)
</o=ustreasury/ou:::exchnnge administrative group
(fydibohf23spdli)/cn=recipi:.:r.1s/cn=valee>
To: Cordray, Richard (CFPS)
(fydibohf23spdlt)/cn=reclpients/cn=cordrayr>
Cc:
Bee:
Subject:
Date:
Fw: Cleveland, Ohio Ticket Pick Up Instructions
Tue Jan 03 2012 11 :i 0:05 EST
Attachments: Shaker Heights Invited Guests.doc
Sent: Tuesday, January
To: Vale. Elizabeth (CFP8)
Subject: Fw: Cleveland, Ohio Pick Up Instructions
Sent via BlackBerry from T-Mobile
-----Original Message-----
From: "Monteiro, D. Paul" <
Date: Tue. 3 Jan
To: elizabeth
Subject: FW: Ci""'"""',-'"
( )(6)
Shaker Heights City School District J\dministration Building
15600 Parkland Drive
Shaker Heights, 01-1 44120
From: Dorsairwil, Monique
Sent Tuesday, January 03, 2012 9:28AM
To: Monteiro, D. Paul
Subject Cleveland, Ohio Ticket Pick Up Instructions
Paui-11ere are the instructions to pass on to your invited guests. Ticket pick up is TODAY from 6-8PM.
All the best.
Monique
Shaker Heigh1s lnviled Gues1s.doc (Attachment 1 of 1)
Remarks by President Obama at Shaker Heights High School
Shaker Heights, Ohio- Wednesday; January 4, 2012
Ticket Pick-up:
North Gymnasium
Shaker Heights High School
15911 Aldersyde Drive
Shaker Heights, OH 44120
Tickets will be distributed Tuesday, January 3 from 6 PM to 8 PM at the Shaker Heights
City School District Administration Building. This will be the only opQortunitv to pick-up
y_our ticket. Guests without their ticket on Wednesday wfll be denied entry.
Shaker Heights City School District Administration Building
15600 Parkland Drive
Shaker Heights, OH 44120
There will be a table set up for White House Invited Guests tickets, soy ou will not need
to stand in the general ticket line.
Event Details:
The event will be he[d at the North Gymnasium at Shaker Heights High School.
Parking will be available on the street.
Doors open at 10:30 AM.
White House invited guests will be required to go through the general audience check- in.
After parking, walk toward the entrance to the North Gymnasium. Volunteers will 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 is a mostly standing event, first come, first serve. There is some
seating available on the bleachers but this is on a first come, first serve basis as welL
Guests should be prepared for airport-like security, and are advised to plan accordingly
for lines and delays. Guests are asked to bring as few personal items as possible. No
bags, sharp objects, liquids, or signs wHI be allowed in the venue. Cam eras are
permitted.

Obtained Via FOIA by Judicial Watch, Inc.: Final PDF

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Obtained Via FOIA by Judicial Watch, Inc.: Final PDF

Uploaded by

Copyright:

Available Formats

~ r o m :

You might also like