DOJ Backs Obama's CFPB Recess Appointment

Law360, New York (January 12, 2012, 2:54 PM EST) -- The U.S. Department of Justice's Office of Legal Counsel says President Barack Obama indeed had the authority to recess appoint Consumer Financial Protection Bureau head Richard Cordray and other blocked nominees last week, according to a memorandum released Thursday.

The OLC said in the memorandum, dated Jan. 6, that pro forma sessions convened by the U.S. Senate since it adjourned for a holiday break on Dec. 17 don't have the legal effect of interrupting a recess that would otherwise allow Obama to use the U.S. Constitution's...
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