Mick Mulvaney can now be sure of his position as the Director of the Consumer Financial Protection Bureau – CFBP as on Tuesday a federal judge gave the verdict of Trump choosing a candidate for the position is lawful.
Judge Timothy Kelly had ruled against the CFPB deputy director, Leandra English, who some had considered was the rightful director, owing to her strong position as the deputy director under the Director Richard Cordray. The ruling thus confirmed that it was perfectly lawful for President Trump to appoint Mick Mulvaney.
The decision is not yet final but cannot be immediately appealed. English’s lawyers had said that they are looking at what her options are if she decides to go forward.
“I’m going to have to explore the options with my client, so I don’t know what the next step is and I’m not going to say that right now,” Deepak Gupta, one of English’s lawyers, had said.
The White House too praised the decision, saying that it gives “further support for the president’s rightful authority to designate Director Mulvaney as the acting director of the CFPB.”
Though the initial nomination did not go smoothly. Both Mulvaney and English had claimed the acting director position, and English had received the support of some of the Senate Democrats.
On his first day at the Bureau, Mulvaney had told the staff that “disregard any instructions” from English. The CFPB General Counsel Mary E. McLeod had also advised the Bureau personnel to “act consistently” with the leadership of Mulvaney.
“I advise all Bureau personnel to act consistently with the understanding that Director Mulvaney is the Acting Director of the CFPB,” McLeod had written in a letter to CFPB senior leaders.
“Please disregard any instructions that you may receive from Ms. English in her presumed capacity as Acting Director,” Mulvaney’s memo had specifically said. “If you receive additional communications from her today … please inform the General Counsel.”
Simultaneously, English had filed a lawsuit saying that the actions of the president were “unlawful.”
“The President’s purported or intended appointment of defendant Mulvaney as Acting Director of the CFPB is unlawful,” English’s lawsuit stated.
“The talented and hard-working CFPB staff stand up for consumers every day. As Acting Director, I am filing this lawsuit to stand up for the CFPB,” English also said in her statement.
On his first day to in the office, Mulvaney had brought in doughnuts for everyone, and had won the hearts of his subordinates.
