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Consumer Protection Bureau Has 'Virtually Unchecked' Power, GOP Congressman Says

Warren Mchenry Hearing

The Huffington Post   First Posted: 05/24/11 11:45 AM ET Updated: 07/24/11 06:12 AM ET

The Republican attack on Elizabeth Warren and the Consumer Financial Protection Bureau shows little sign of soon fading.

Continuing the months-long campaign to delegitimize the newly-created CFPB, Congressman Patrick McHenry (R-N.C.) is set to question the fledgling agency's transparency and accountability in a Congressional hearing Tuesday, according to Politico.

The agency, which Warren first conceived of, was created under last summer's financial reform and aims to protect consumers from abuses by financial institutions.

McHenry, who is also chairman of the House Oversight Subcommittee on TARP, will describe the CFPB as having "virtually unchecked" authority, and will question the accuracy of Warren's prior testimony, according to a copy of his prepared remarks obtained by Politico. The CFPB does not yet have an official leader, but Warren, a Harvard law professor and staunch consumer advocate, is reportedly on President Barack Obama's shortlist.

During the hearing Tuesday, McHenry is set to seize on a perceived inconsistency between Warren's earlier testimony and a later revelation about her role in mortgage settlement talks. In March, it was found that the fledgling agency had prepared a confidential presentation for state attorneys general working with the nation's five biggest banks to settle allegations of illegal foreclosures, The Huffington Post then reported. In the presentation, the agency said the banks have saved more than $20 billion since 2007 by taking shortcuts in processing home loans.

McHenry is set to suggest that this involvement in mortgage talks is inconsistent with Warren's earlier testimony that her agency only provided "advice," according to his prepared remarks. In March, HuffPost reported that Republicans would use this revelation to cause a further distraction for the agency.

McHenry's remarks also caution against giving the CFPB too much power:

What controls are being created to protect the American people from abusive government power? We demand internal controls of companies, what internal controls govern the Bureau? What limits are being set to guard them from administrative overreach? In the absence of the normal checks and balances established by the Constitution, what guarantee do the American people have that the bureau will behave responsibly, spend wisely, and regulate fairly?

The CFPB is set to open officially this summer, and some House Democrats are urging Obama to appoint Warren while the Senate is in recess, a politically risky move that would avoid what would likely be a contentious confirmation process.

Republican lawmakers have simultaneously mounted a pointed attack on the agency. This month, Warren, appearing on the Daily Show, characterized the efforts as an attempt to "stick a knife in the ribs of this consumer agency."

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The Republican attack on Elizabeth Warren and the Consumer Financial Protection Bureau shows little sign of soon fading. Continuing the months-long campaign to delegitimize the newly-created CFPB, ...
The Republican attack on Elizabeth Warren and the Consumer Financial Protection Bureau shows little sign of soon fading. Continuing the months-long campaign to delegitimize the newly-created CFPB, ...
 
 
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01:15 AM on 07/15/2011
and by god, if there's any unchecked power left to spare, we repuglicans are going to have it.
08:53 PM on 07/13/2011
lets hope she will be given enough power to have some bite. State Consumer protection agency are a joke. Banks are their own watch dogs right now. When they hear the AG office is investigating them. Their like So what!
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thoughtsoutloud
What's a Micro-Bio
09:25 PM on 06/14/2011
It is my sincere hope that Mr. McHenry is right. And it is another sincere hope of mine that after the election Ms. Warren starts using all this unchecked power to start setting the balance in this country right again.
She is what I have left of hope and change, the brightest spot in the Obama administration. I understand he has been running for reelection since 2008, but my expectations for 2012-2016 are awfully large!
BTW, HP keeps asking me to do a micro bio thingy? In a nutshell I've never been on any sort of gov't assistance and once leaned very strongly Republican. Now I am just a boomer watching what I had disappear, and fearing for my kids and grandkid's future.
IF it needed to be said.
Lesley Donley
Freedom from Oppression Now
02:17 PM on 06/10/2011
GOP equals "freedom to oppress." Democrats equal "freedom from oppression."
HUFFPOST SUPER USER
JPETERB
01:58 AM on 05/30/2011
Mr. Paulson's original TARP Plan is where we can see unlimited authority and the clear potential for abuse of power. In the letter setting the goals and limits of the bailout, as sent to President Bush.
"The original plan would have granted the Secretary of the Treasury unprecedented power to spend the $700 billion without being subject to congressional or judicial review. Section 8 of the Paulson proposal states: "Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency." This provision was not included in the final version."
Dollars to donuts, Rep McHenry said nothing about Paulson's unprecedented TARP power grab in 2008.
Layman23
Do we want to live in the past?
10:43 AM on 05/26/2011
That's how it should be. Power to the people.
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Moxo
Our enemies are in the GOP.
10:20 AM on 05/26/2011
What really upsets the GOP about this bureau is that it gives power to the People.
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HUFFPOST SUPER USER
Timma
...paulatim crescam...
09:41 PM on 05/25/2011
...heavens to Betsy we'd want consumers to have equal footing with big corporations...
08:50 PM on 05/25/2011
I watched Rep McHenry tell Elizabeth Warren that she was lying about a scheduling conflict today at hearings in Congress and it makes me think that just when you think the regressives can't do anything sleazier, they do. There are snakes in the grass with more class than him and I wonder who he thinks believes him. Regressives don't like Warren because they are afraid of her. She is honest and would look out for the people of this country- that threatens them. I do hope that Obama appoints her as a recess appointment. We need the intelligence and integrity of this woman!
08:35 PM on 05/25/2011
If it does indeed have "unchecked power" (which I seriously doubt.....), I say GOOD FOR THE GOOD GUYS!
HUFFPOST SUPER USER
baileywick
08:29 PM on 05/25/2011
Make the recess appointment, Pres. Obama.
Scr#w them.
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HUFFPOST SUPER USER
Cynical Citizen
No R in Independent...
08:25 PM on 05/25/2011
'Virtually Unchecked' Power... Just like Wall Street....
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HUFFPOST SUPER USER
ttaz4dqm
RED
07:50 PM on 05/25/2011
I LOVE YOU LIZ!!
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HUFFPOST SUPER USER
ttaz4dqm
RED
07:49 PM on 05/25/2011
So what would be so wrong with an extremely powerful CFPB? OK trolls, that's yer cue!
08:14 PM on 05/25/2011
Well well we all know how that unchecked power thingie worked for the Soviet Union and the communist party.

If she really wanted to help she would resign. Oh I forgot, ttaz4dqm people like you are too stupid to think for yourselves and need her 'help'.

Enjoy the self made poverty.
08:58 PM on 05/25/2011
You're projecting
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HUFFPOST SUPER USER
Timma
...paulatim crescam...
09:42 PM on 05/25/2011
...I think around 4 million unemployed are already enjoying GOP made poverty...
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HUFFPOST SUPER USER
Robert Cantor
I am a human being descended from an exclusive gro
07:25 PM on 05/25/2011
All too true! If Warren is elected to head the new department
she will have the power to create and destroy matter!