Well, surprise, surprise. President Obama ducks another fight by naming consumer advocate Elizabeth Warren as “special adviser” to set up the Consumer Financial Protection Bureau, which was her idea.
The coverage this morning is pretty muddy, but that’s not the press’s fault. So here are some questions that spring to mind:
— Who’s right? Will this split-the-baby appointment “sideline Liz” as David Weidner argues? Or will her “powers… be broad, despite her unusual title,” as The Wall Street Journal reports this morning? What does that mean for consumer regulation?
— Related: Will Warren be bigfooted by the Rubin Boys (Tim Geithner and Larry Summers) in the White House?
— Bonus question! Why are the Rubin Boys still in the White House?
— Why is it seen, at least inside the administration, as a good play politically to avoid a fight about how or whether to protect consumers—with the most eloquent advocate of such out front? Warren herself has different instincts. Remember this quote? “My first choice is a strong consumer agency. My second choice is no agency at all and plenty of blood and teeth left on the floor.” Does anybody think that Americans like to smell weakness in their presidents?
As Matt Yglesias says, “With Warren, Obama showing real innovation in developing odd, satisfying to nobody compromises.” See health-care, financial-reform, et al.
— Will this backdoor machination make it more or less likely that Warren eventually is nominated and makes it through Senate confirmation?
— How much more proof do we need that the filibuster is anti-democratic and should be done away with, like tomorrow? First, it takes a 60 percent supermajority to even allow a vote on Warren’s nomination. So, the administration, not unreasonably, says “screw democracy” and installs her to get around the law. Instead of sixty votes, the Senate gets no vote.
— How completely screwed up is that system?
— Which financial-services company will Chris Dodd lobby for come January?
I'm surprised you are an advocate of doing away with the filibuster, Ryan. I don't really get your position that appointing Warren is like saying "screw democracy." After all, it is a new position, a new agency within the Department of the Treasury, and I'm pretty sure that the description of the position does NOT include that it needs to be confirmed by the Senate. Please check me if I am wrong. But, please check to see if the law says she needs to be confirmed by the Senate. It's a debatable point.
In fact, there are altogether too many executive branch positions that already have to go through the Senate confirmation process, and needlessly. What's wrong with this position being an appointable position? What possible advantage is there to mandate that this position is appointable by the Senate?
Serious question.
#1 Posted by James, CJR on Thu 16 Sep 2010 at 06:06 PM
The confirmation fight excuse is just that: an excuse. This is just one more sell-out to Wall Street. Why else would an agency organizationally under the Fed report administratively to the Treasury? And why else would Warren be given all the responsibility and none of the authority? That gets you all of nowhere in Washington, which is exactly where Warren is supposed to go.
#2 Posted by Benedict@Large, CJR on Fri 17 Sep 2010 at 01:15 AM
Doesn't Dodd have to wait before lobbying? Isn't that why Trent Lott, elected Senator of Mississippi broke his promise to Mississippi voters and left office before his term was up so he wouldn't have to wait to lobby?
I am sure Dodd will be a consultation to lobbyists for some financial institution, and once the wait is over, will be in there for the corporate wing of the Democratic party.
#3 Posted by End The Echo, CJR on Fri 17 Sep 2010 at 02:10 PM