Would not the Speaker of the House declare whether in recess, or deploy the Sergeant-At-Arms to do so? I could google it, but I’d rather hear if from a FReeper.
One question a judge could need to answer is whether Cordray will actually be able to assume those powers since he has been recess-appointed. The text of the Dodd-Frank law states that those powers will not take effect until the CFPB director “is confirmed by the Senate.” (Emphasis added)Even ignoring what the Constitution says and has historically been interpreted to mean (as President Obama et al have done), the language of the statute itself seems clear and a principal legal question may be who has standing to assert the point.