Skip to content

Judicial Watch, Inc. is a conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law.

Judicial Watch, Inc. is a conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law.

Because no one
is above the law!

Donate
Judicial Watch

Investigative Bulletin

Obama’s “Recess” Appointments 2012

On January 4th or 5th (depending on which document you consult), President Barack Obama seized a lull in congressional activity to name a director to the Consumer Financial Protection Bureau (CFPB) and three members of the National Labor Relations Board (NLRB) without first obtaining Senate approval, as required under Art. II, Sec. 2, cl. 2 of the U.S. Constitution.

For the NLRB, Obama tapped Sharon Block, Terence Flynn and Richard Griffin.  To lead the CFPB, Obama named former Ohio Attorney General Richard Cordray, who offered free legal support to three state bureaucrats after they misused government resources to dig into the background of Obama critic Joe Wurzelbacher, popularly known as “Joe the Plumber.”

Cordray, best known for his Jeopardy winning streak during college and his failed reelection bid in 2010, expressed doubt about the legality of his appointment in a February 6 missive to CFPB staff:

“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.”

Cordray went on in the same letter to concede that the nature of the appointment could cause him to be removed earlier than the President had hoped:

“To the extent there is a certain end-point to the horizon, that fact is not unique to a recess appointment. But (and it is inevitable that there was going to be a “but”), the fact that this appointment is for two years (and in some conceivable circumstances it could be shorter) does matter . . . ”

Rather than promise to exercise restraint in the face of possible challenge to his appointment or develop a backup plan to ensure continuity of operations, Cordray pledged to act with extra zeal given his “fierce urgency” to carry out Obama’s plans.

Judicial Watch awaits CFPB’s prompt disclosure of all remaining documents stemming from Obama’s unilateral appointment of Cordray, who also took an oath to uphold the U.S. Constitution in accepting his present assignment.

Related

Watchdog pushes for probe of ex-Gen. Milley’s Jan. 6 planning

In The News | February 18, 2025
From Washington Examiner: A legal watchdog that has led the campaign to peel away the secrecy cloaking Democratic planning for the Jan. 6, 2021, Capitol riots has turned its attent...

Judicial Watch Sues Pentagon for Records on Milley Jan 6 Calls

Press Releases | February 18, 2025
(Washington, DC) – Judicial Watch announced today that it filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Defense for information about two confere...

Biden Corruption Back in Court!

Court Orders Justice Department to Commit on Releasing Biden Audio Tapes Judicial Watch Sues Justice Department Again Over Hunter Biden Investigation Cover-Up CBP Agent Charged wit...