Mulvaney Arrives at CFPB Under Cloud of Uncertainty

White House budget director Mick Mulvaney assumed the position of acting head of the Consumer Financial Protection Bureau on Monday, despite uncertainty over whether his appointment to the position is legal, The Wall Street Journal reports. 

Former director Richard Cordray, who was appointed by President Barack Obama, left his post on Friday, naming chief of staff Leandra English deputy director, as according to Dodd-Frank: "There is established the position of​ deputy director, who shall be appointed by the director; and serve as acting director in the absence or unavailability of the director."

"In considering how to ensure an orderly succession for this independent agency…I have also come to recognize that appointing the current chief of staff to the deputy director position would minimize operational disruption and provide for a smooth transition given her operational expertise," Cordray said in a statement, according to the newspaper.

Mulvaney, who has described the CFPB as "one of the most offensive concept" in the federal government, was appointed later that same day by President Donald Trump until a permanent director is found and confirmed.

English later filed a lawsuit in federal court to prevent Mulvaney's appointment.

"Ms. English has a clear legal entitlement to the position of acting director of the CFPB," the lawsuit read, according to the Journal. "The president's purported or intended appointment of defendant Mulvaney as acting director of the CFPB is unlawful."

White House press secretary Sarah Huckabee Sanders told the Journal in a statement: "The administration is aware of the suit filed this evening by deputy director English. However, the law is clear: Director Mulvaney is the acting director of the CFPB."

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