Judge rules for Trump over watchdog leadership

Marsha Scott
November 30, 2017

U.S. District Judge Timothy Kelly's ruling effectively gives Mulvaney the authority to lead the CFPB, despite arguments from the agency's architects insisting that the law is "clearly" not on his side. English had requested an emergency restraining order to stop Mulvaney from becoming acting director, claiming the position was rightfully hers.

More hilarity ensued in the Consumer Financial Protection Bureau's game of thrones Tuesday when the acting acting director Leandra English got her head handed to her by a federal judge.

But administration argued that the 1998 Presidential Vacancies Reform Act granted the president the right to appoint a temporary successor. Trump chose Mulvaney as his replacement the same day. English sued, asking a judge for an order blocking Mulvaney from taking over the CFPB while the case is adjudicated.

More news: Trump Pushes for Tax Overhaul as Key Senate Votes Loom
More news: European Union extends glyphosate approval, but France plans a ban
More news: Microsoft Office apps now available for all Chromebooks

"Dodd-Frank is quite specific: It provides its own succession planning", Sen.

Judge Kelly, who is a Trump appointee, sided with the administration in rejecting the request for a temporary restraining order. "The Vacancies Reform Act does appear to apply to this situation", he said. And even CFPB general counsel Mary McLeod affirmed this legal interpretation in a memo to staff on Saturday. Gupta said he'd asked for assurances from the Justice Department that English would not be fired, but department attorney Brett Shumate offered no such assurances, telling the court that the department's job is not to guarantee that English is not fired.

Other reports by MaliBehiribAe

Discuss This Article

FOLLOW OUR NEWSPAPER