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Deputy consumer bureau chief challenges court ruling for control of agency

Deputy consumer bureau chief challenges court ruling for control of agency
© Camille Fine

The deputy director of the Consumer Financial Protection Bureau (CFPB) asked a federal court Wednesday night to halt a previous ruling that cleared President TrumpDonald John TrumpAccuser says Trump should be afraid of the truth Woman behind pro-Trump Facebook page denies being influenced by Russians Shulkin says he has White House approval to root out 'subversion' at VA MORE to appoint a temporary chief in her place.

The move by CFPB Deputy Director Leandra English is the latest maneuver in the fight for control of the agency.

English filed an injunction in the District Court for the District of Columbia to block Office of Budget and Management Director Mick MulvaneyJohn (Mick) Michael MulvaneyPoll: Majority disapproves of Trump's military parade plan Mulvaney travels to Middle East: report Pentagon concerns mounting about Trump’s proposed parade: report MORE from leading the agency.

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English’s complaint asks the court to impose her restraining order against Mulvaney after it dismissed her effort two weeks ago.

English had sued Mulvaney, who Trump appointed to lead the CFPB until the Senate confirms a permanent replacement, and the president, claiming the Dodd-Frank Act made her the rightful acting director.

The deputy director argues in the new filing that Mulvaney is ineligible to run the CFPB because of the line of succession established in Dodd-Frank. English also claims Mulvaney’s appointment violates the Federal Reserve’s independence since the CFPB was created within the Fed system and Mulvaney is a senior White House aide.

Dodd-Frank, which established the CFPB, calls for the deputy director to serve as acting director in between Senate-confirmed permanent directors.

The law’s architects, former Sen. Chris Dodd (D-Conn.) and former Rep. Barney Frank (D-Mass.), said last week they wrote the provision explicitly to prevent the president installing a new head, acting or permanent, without Senate approval.

The White House and Department of Justice argued that Trump had the power to supersede Dodd-Frank’s line of succession through the Federal Vacancies Reform Act. That law empowers the president to appoint any Senate-confirmed administration member to be an acting head of a department or agency.

Then-CFPB Director Richard CordrayRichard Adams CordrayMick Mulvaney has ignited a firestorm to rein in the CFPB Overnight Finance: Mulvaney sparks confusion with budget remarks | Trump spars with lawmakers on tariffs | Treasury looks to kill 300 tax regs | Intel chief's warning on debt Trade commission makeover should begin with dumping Obama's failed agenda MORE promoted English to the deputy director spot hours before he resigned from the bureau. Trump soon after appointed Mulvaney, a staunch critic of the CFPB, to lead the agency.