US Judge Denies Effort to Stop Mulvaney From Heading Consumer Watchdog

Mick Mulvaney allowed to keep leading President Trump's Consumer Financial Protection Bureau amid tumult

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. President Trump, however, ignored Cordray's appointment and instead announced that Office of Management and Budget Director Mulvaney was his guy. "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. Both Mulvaney and English tried to convince agency employees they were in charge. "English in her presumed capacity as Acting Director", Mulvaney's memo said. English said Cordray had appointed her to be the interim head before he left.

"The President has designated Mulvaney the CFPB's acting Director, the CFPB has recognized him as the acting Director, and it is operating with him as the acting Director".

English claims that, by operation of the Dodd-Frank Act, she-and only she-is now entitled to be the acting Director of the CFPB.

The dispute began November 24 when Richard Cordray, a Democrat, stepped down as bureau director.

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English filed the suit in the U.S. District Court of DC on Sunday in order to block Mulvaney from taking over, an action directed by President Donald Trump, the Washington Post reports.

The restraining order decision could not be appealed, so English's attorney, Deepak Gupta, filed for a preliminary injunction. English then filed the motion for a preliminary injunction to block Mulvaney's appointment, and Kelly heard arguments on December 22.

"Now that Judge Kelly has ruled twice that President Trump is the only person allowed to name the new head of CFPB, it is time for the President's political opponents to stop their legal shenanigans", Manning said in a statement. "Clearly the White House is in the lead here because they won in the lower court but that could change very quickly on appeal". "Granting English an injunction would not bring about more clarity; it would only serve to muddy the waters".

A spokeswoman for Mulvaney did not immediately respond to a request for comment. "Mr. Mulvaney's appointment undermines the Bureau's independence and threatens its mission to protect American consumers".

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