Judge's Ruling Keeps Mulvaney in Place at CFPB

Mick Mulvaney will be allowed to lead the Consumer Financial Protection Bureau — for now

Mick Mulvaney will be allowed to lead the Consumer Financial Protection Bureau — for now

A USA federal judge denied on Wednesday a preliminary injunction sought by the deputy director of the Consumer Financial Protection Bureau seeking to stop White House budget director Mick Mulvaney from taking control of the agency.

Leandra English requested an expedited review of her case by the U.S. Court of Appeals for the District of Columbia, just two days after U.S. District Judge Timothy J. Kelly refused to grant a preliminary injunction, Kelly ruled that English was unlikely to succeed in removing Mulvaney, because doing so would upset the status quo, and she was unable to demonstrate irreparable harm to herself or the agency.

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English, who as deputy director was endorsed to lead the agency by Cordray, is challenging Mulvaney's right to lead the bureau. English served as the principal deputy chief of staff at the Office of Personnel Management, chief of staff and senior advisor to the deputy director for management at the Office of Management and Budget, and as a member of the CFPB implementation team at the Department of the Treasury. Ms. "As deputy director, we will continue to benefit from Leandra's in-depth knowledge of the operational needs of this agency and its staff", said CFPB Director Richard Cordray. On Nov. 28, Kelly denied her request for an immediate temporary restraining order blocking Trump from appointing Mulvaney while the lawsuit moved forward.

"English has not met the exacting standard", the judge writes.

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Defendants, joined by the CFPB's General Counsel, argue that the President's appointment of Mulvaney is valid under a separate statute, the Federal Vacancies Reform Act of 1998 (the "FVRA"), 5 U.S.C. § 3345 et seq., which they contend provides the President an available method to fill Executive Branch vacancies such as this one. Thus, the particular policies or priorities that English or Mulvaney might pursue as the CFPB's acting Director are irrelevant to the Court's analysis. The oral arguments on that case were heard on Friday morning.

"The law is clear: President Trump may not circumvent the Senate confirmation process by installing his White House budget director to run the CFPB part time". "Mr. Mulvaney's appointment undermines the Bureau's independence and threatens its mission to protect American consumers".

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