Conservative Watch Dog Group Sues CFPB over Records of Director Richard Cordray's Appointment

Judicial Watch, a self-described conservative public interest group, announced Tuesday that it filed a Freedom of Information Act (FOIA) lawsuit against the Consumer Financial Protection Bureau (CFPB) to obtain records detailing President Obama’s controversial appointment of the agency’s Director Richard Cordray.

The group said that on January 12, 2012, it submitted a FOIA request to CFPB seeking access to all records of communications between the CFPB and the White House, the Executive Office of the President, the Treasury Department and Congress concerning President Obama’s “recess appointment” of Cordray. The request also seeks access to records of communications between the CFPB and the White House concerning a January 6, 2012, visit by President Obama to the CFPB two days after the appointment was announced.

On January 25, 2012, Judicial Watch submitted a separate FOIA request to CFPB seeking communications concerning the Cordray’s appointment, as well as reimbursements, reservations, vouchers and any other documentation reflecting travel and lodging for Mr. Cordray, his family, any additional guests, and the Ohio judge who in January 2012 accepted Mr. Cordray’s oath of office in Washington, D.C.

Judicial Watch said that the CFPB failed to fully respond to requests within the statutory allotted time-frame, prompting the lawsuit.

When President Barack Obama announced his decision to install Cordray as head of the CFPB, the president called the move a “recess” appointment. Republicans in the Senate previously had filibustered the Cordray nomination. But, at the time of President Obama’s “recess appointment,” Judicial Watch notes, Congress was not officially in recess, making the appointment highly controversial.

Two days after Cordray’s appointment, President Obama made a visit to the CFPB.

“The Cordray appointment is an abuse of office that disregards the U.S. Constitution and the U.S. Senate’s role in vetting presidential appointments,” said Judicial Watch President Tom Fitton. “I’m sure the President would rather all details regarding his unlawful decision be kept under lock and key but we intend to hold the Obama administration accountable to the rule of law.”

In response to the lawsuit, Judicial Watch said the CFPB produced a dozen pages of responsive documents (described by the agency as final with respect to this matter) via emails sent at 9:59 p.m. and 10:19 p.m. on Fri., June 8.

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