Senate GOP Twists Obscure Law to Gut Decades-Old Regulations (Forever): ‘BradCast’ 4/20/2018

On today’s BradCast: As usual, the big headlines obscure the most disturbing ones. [Audio link to full show follows below.]

On Friday, the Democratic National Committee filed a surprise federal lawsuit against Donald Trump, his son Don Jr., his son-in-law Jared Kushner, several other members of the Trump Campaign, as well as Russia and WikiLeaks, for what the DNC’s characterizes in the complaint as a broad “conspiracy” to steal private documents and undermine the DNC and the 2016 Hillary Clinton campaign in “an act of previously unimaginable treachery”. If allowed to move forward, the suit could result in the President, and all of his men, being forced to turn over documents and give depositions under oath. (It could also set a troubling precedent for journalists.)

Also on Friday, Wells Fargo was slapped with a $1 billion fine by the Consumer Financial Protection Bureau (CFPB) and the Office of the Comptroller of the Currency (OCC) for hoaxing more than half a million customers into purchasing car insurance they did not need. While it was the first major action by the CFPB since Trump muscled his own Office of Management and Budget Director Mick Mulvaney into the dual role of Acting CFPB Director, the record fine is only a small percentage of what Wells is receiving from Trump’s recent massive tax cuts.

Mulvaney, who, as a Tea Party Congressman had spent years trying to abolish the consumer bureau formed after the 2008 global banking and mortgage crisis, was upbraided by Sen. Elizabeth Warren during a recent hearing in the Senate, for his ongoing efforts to undermine the CFPB’s critical assistance to consumers.

And, related to all of that, while the worst of the Trump/GOP’s major legislative agenda under Trump was broadly considered to be behind us with Democrats believed likely to take over one or both chambers of Congress this November, Sen. Pat Toomey (R-PA, pictured above) recently came up with a scheme to twist the obscure Congressional Review Act (CRA), in order to gut decades of executive agency regulations with a simple majority vote in each house. While the CRA, only used once in its 21-year history before Trump took office, was meant as a way for Congress to roll back new formal rules enacted by executive agencies, it has been used over the past year to gut dozens of formal regulations enacted during the last 60 days of the Obama Administration.

Toomey, however, has now come up with a new interpretation of the law to allow Republicans to kill regulations from decades ago. This week, the GOP Senate began using his interpretation to do just that. They voted to kill a 2013 CFPB “guidance” document enacted to prevent racial discrimination in auto loans after hundreds of thousands of minority car buyers were found to have been charged higher interest rates for loans (resulting in more than $100 million in fines by the CFPB and money paid back to customers.)

Toomey’s maneuver, however, allows such guidelines — as opposed to only recently enacted formal rules — to be killed under the CRA, which also prevents executive agencies from ever reinstating a similar regulation in the future. In the bargain, decades of established executive agency regulations could now be done away with, with simple majority votes, between now and the start of the next Congressional term in 2019.

We’re joined today by JAMES GOODWIN of the Center for Progressive Reform to discuss this dangerous and insidious new scheme which has received disturbingly sparse media attention since its first time use this past week. Goodwin details what the CRA was meant to do, versus how Republicans have now decided to use, and the many ways in which the CRA might now be abused across the federal government with this new precedent. “One of the main dangers of this new precedent,” he explains, “is we have all of these critical safeguards that we thought were in place, that now could simply vanish. And, really, the only limitation [Republicans] face is time.”

Finally, the release of memos [PDF] written by fired FBI Director James Comey just after his several meetings with Donald Trump, confirm Comey’s earlier descriptions of those bizarre encounters, and have received much coverage for the President’s described concerns about Russian hookers and his former National Security Advisor Michael Flynn, who has pleaded guilty to felonies in Robert Mueller’s Special Counsel probe. Less discussed, however, are the troubling details from the memos revealing that Trump was similarly obsessed with convincing the FBI Director to throw journalists in jail — in stark violation of the First Amendment — for reporting on embarrassing leaks coming out of his White House…

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[audio:http://bradblog.com/audio/BradCast_BradFriedman_DNCTrumpRussiaSuit_WarrenMulvaney_JamesGoodwin_ToomeyCRA_ComeyMemos_042018.mp3]

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