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25 Dem lawmakers file court brief backing English over Trump consumer bureau pick

25 Dem lawmakers file court brief backing English over Trump consumer bureau pick
© Camille Fine

Over two dozen Democratic lawmakers on Monday filed a brief with the U.S. Court of Appeals for the District of Columbia Circuit in support of Leandra English's authority to run the Consumer Financial Protection Bureau (CFPB) over President Trump's appointment, Mick MulvaneyMick MulvaneyTrump says he may lower corporate tax rate to 20 percent if reelected Is Social Security safe from the courts? On The Money: House panel pulls Powell into partisan battles | New York considers hiking taxes on the rich | Treasury: Trump's payroll tax deferral won't hurt Social Security MORE.

Twenty-five current Senate and House lawmakers filed a friend of the court brief arguing that English, who was elevated by the CFPB's director on his last day, should serve as acting director of the consumer bureau until a permanent director, nominated by the president, is confirmed by the Senate. 

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Trump, in a move apparently meant to supersede English's appointment, named Mulvaney, the director of the Office of Management and Budget, as acting director hours after English was promoted.

“President Trump is entitled to choose who the next Director of the Bureau will be, but he must nominate that person, and the Senate must agree to confirm him or her,” the lawmakers wrote. “Until that happens, Dodd-Frank makes clear who should be running the Bureau: its Deputy Director.”

They also criticized Trump's appointment of Mulvaney as "a designee who reflects the President’s policy preferences but has not been subject to the check of Senate confirmation."

Among some of the Democratic lawmakers to sign the court brief include Senate Minority Leader Charles SchumerChuck SchumerTrump to lift Sudan terror sponsor designation Ocasio-Cortez, progressives call on Senate not to confirm lobbyists or executives to future administration posts The 2016 and 2020 Senate votes are about the same thing: constitutionalist judges MORE (N.Y.), Sen. Elizabeth WarrenElizabeth WarrenOvernight Health Care: Trump takes criticism of Fauci to a new level | GOP Health Committee chairman defends Fauci | Birx confronted Pence about Atlas Senate Democrats call for ramped up Capitol coronavirus testing Government watchdog to investigate allegations of Trump interference at CDC, FDA MORE (Mass.), Sen. Sherrod BrownSherrod Campbell Brown Senate Democrats call for ramped up Capitol coronavirus testing Dems to focus on issues, not character, at Barrett hearings Mnuchin says he and Pelosi have agreed to restart coronavirus stimulus talks MORE (Ohio), House Minority Leader Nancy PelosiNancy PelosiGOP blocks Schumer effort to adjourn Senate until after election GOP noncommittal about vote on potential Trump-Pelosi coronavirus deal Overnight Health Care: Trump takes criticism of Fauci to a new level | GOP Health Committee chairman defends Fauci | Birx confronted Pence about Atlas MORE (Calif.), House Minority Whip Steny HoyerSteny Hamilton HoyerTop Democrats introduce resolution calling for mask mandate, testing program in Senate Trump orders aides to halt talks on COVID-19 relief This week: Coronavirus complicates Senate's Supreme Court fight MORE (Md.), Rep. Maxine Waters (Calif.) and Rep. Keith EllisonKeith Maurice EllisonDerek Chauvin allowed to establish residency outside of Minnesota while awaiting trial in George Floyd case Officers in George Floyd's death appear in court, motion for separate trials Ex-Minneapolis officer involved in Floyd death asks judge to dismiss murder charge MORE (Minn).

A dramatic showdown began on Friday after the White House and the CFPB butted heads over who will lead the Wall Street watchdog agency following Richard Cordray's resignation.

Before stepping down, Cordray named his chief of staff, English, to the deputy director position. The 2010 Dodd-Frank Act says the deputy director will lead the agency if there is not a permanent director.

Both officials claimed they are the rightful acting director of the CFPB on Monday, entangling current employees in an escalating legal dispute.