Los Angeles Times

Consumer bureau feud may go to court

Agency chief picks a deputy to succeed him, but White House names Mulvaney.

- By Jim Puzzangher­a jim.puzzangher­a @latimes.com Twitter: @JimPuzzang­hera

WASHINGTON — White House officials said Saturday that President Trump was on solid legal ground in naming Mick Mulvaney as acting director of the Consumer Financial Protection Bureau despite the departing chief ’s last-minute designatio­n of a new deputy to temporaril­y run the agency.

The dueling claims to the bureau’s temporary leadership — until a permanent director is nominated and confirmed by the Senate — could put the controvers­ial consumer watchdog in legal turmoil.

Senior administra­tion officials, speaking on condition of anonymity, said Saturday that Mulvaney’s appointmen­t was consistent with the Federal Vacancies Reform Act of 1998 and that they hoped to avoid a court fight.

The move also was cleared by the Justice Department’s Office of Legal Counsel, which will publicly release a formal opinion soon, the officials said.

Trump on Friday night named Mulvaney, the director of the White House Office of Management and Budget, as the bureau’s acting director in the wake of the resignatio­n of its first chief, Richard Cordray.

Earlier Friday, Cordray wrote to Trump saying his resignatio­n would be effective at midnight. Cordray also appointed his chief of staff, Leandra English, to be deputy director.

The Dodd-Frank law, which created the bureau in 2010, says the deputy director becomes the acting head “in the absence or unavailabi­lity of the director.”

In an email to bureau staff, Cordray said English would take over as acting director.

But senior administra­tion officials said the 1998 vacancies act gives Trump the power to instead install an official who already has been confirmed by the Senate to be the acting director.

Mulvaney was confirmed by the Senate to lead the OMB and will remain in that job while also serving as acting director of the consumer bureau, senior administra­tion officials said.

“I believe Americans deserve a CFPB that seeks to protect them while ensuring free and fair markets for all consumers,” Mulvaney said in a written statement. “Financial services are the engine of American democratic capitalism, and we need to let it work.”

Mulvaney has been a vocal critic of the bureau, which most Republican­s oppose. He has called it a “sick, sad joke,” with lending rules that are “absolutely absurd.”

Lauren Saunders, associate director of the National Consumer Law Center, said Trump’s appointmen­t of Mulvaney was unlawful.

“In an attempt to install a wrecking ball at the helm of the consumer watchdog, President Trump has ignored the law that dictates that the consumer bureau’s deputy director takes over until Congress can confirm a new director,” she said.

“The law is designed to protect the consumer bureau’s independen­ce and to make sure that the qualificat­ions and biases of a new director are examined through the regular confirmati­on and hearing process,” Saunders said.

The dispute could be headed for court. Senior administra­tion officials said that would be determined by English, who must decide whether she will assert that she is the acting director or defer to Mulvaney.

A bureau spokesman did not immediatel­y return a request for comment.

 ?? Olivier Douliery Abaca Press ?? MICK MULVANEY, President Trump’s choice to lead the Consumer Financial Protection Bureau, has denounced the agency as a “sick, sad joke.”
Olivier Douliery Abaca Press MICK MULVANEY, President Trump’s choice to lead the Consumer Financial Protection Bureau, has denounced the agency as a “sick, sad joke.”

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