English’s bid to bar Mulvaney from CFPB post fails

by Francis Monfort12 Jan 2018
An effort by Consumer Financial Protection Bureau Deputy Director Leandra English to prevent Mick Mulvaney from heading the consumer watchdog has failed after a federal judge denied a preliminary injunction she had sought, Reuters reported.

Judge Timothy Kelly of the U.S. District Court in the District of Columbia wrote in his decision that English was unable to show the likelihood of success on the merits or that she would suffer irreparable injury in case the injunction would not be granted.

Mick Mulvaney, who serves as director of the White House Office of Management and Budget, was appointed by President Donald Trump to temporarily lead the agency following the departure of Richard Cordray in November.

English, who as deputy director was endorsed to lead the agency by Cordray, is challenging Mulvaney’s right to lead the bureau. She argues that under the Dodd-Frank Act, which created the CFPB, Cordray had legal grounds to appoint a successor until the US Senate confirms a full-time replacement chosen by the president.

The decision follows a denial of English’s request for a temporary restraining order in November.

Deepak Gupta, a counsel for English, was disappointed by the decision.

“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,” Gupta said in a statement. “Mr. Mulvaney’s appointment undermines the bureau’s independence and threatens its mission to protect American consumers.”Reuters said that a spokesperson for Mulvaney did not immediately respond to a request for comment.

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