The dispute over the CFPB acting director designation has moved into federal court.
In yesterday’s post, we explained why the President’s designation of Mick Mulvaney as acting CFPB director complies with the law, and why Mr. Mulvaney—rather than CFPB deputy director Leandra English—qualifies as the lawful acting director.
On the evening of November 26, Ms. English filed a lawsuit against President Trump and Mr. Mulvaney seeking a declaration that she is the lawful acting director. (Note that Ms. English is represented by private counsel, not by CFPB lawyers.)
Meanwhile, the Justice Department’s Office of Legal Counsel on November 25 issued an opinion supporting the President’s designation of Mr. Mulvaney as acting director. Among other things, the opinion points out that the Federal Vacancies Reform Act—the statute invoked by President Trump—expressly does not apply to a number of specified positions (in 5 U.S.C. § 3349c), but that the CFPB director is not included in that list.
Finally, the CFPB’s general counsel agrees with the Justice Department’s analysis: