Republican Senators have made clear that confirmation would not be possible until the structure of the CFPB was changed and its powers diluted.

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With the moving averages first showing the buy signal in our strategy and with the volume increasing at about the same time, the confirmation is clear as our ADX chart rises above 20: traders should have been in on this stock.

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Even so, it was not clear that Allen would choose to go ahead with a Senate confirmation hearing, given the nature of the email probe.

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"It became clear to the senators that they were their own enemies, " Ritchie said, and they decided to stop holding confirmation hearings in executive sessions.

CNN: Senate's advice and consent