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CFPB deputy files appeal in battle to unseat Mulvaney

CFPB deputy files appeal in battle to unseat Mulvaney

For the reasons explained below, including that English has not demonstrated a likelihood of success on the merits or shown that she will suffer irreparable injury absent injunctive relief, her request for a preliminary injunction is DENIED.

Trump tapped Mulvaney, who also serves as director of the White House Office of Management and Budget, to lead the CFPB on an interim basis after Cordray's departure.

Mork will be the second former aide to Committee Chairman Jeb Hensarling (R-Texas) to join the CFPB since Mick Mulvaney was named its acting director in November, following Brian Johnson who left the committee to become Mulvaney's senior adviser in December.

In denying the request for an injunction, Kelly found that the Dodd-Frank language did not override the president's powers under the FVRA and thus that English's claim was not likely to be granted.

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Outside experts have continued to say English's case is weak, indicating that the longer Mulvaney remains in control, the less likely a court will be to reverse the earlier decision.

But Kaplilnsky said the latest court ruling reduces the pressure on President Trump to replace Mulvaney, who has moved quickly to put his stamp on the bureau, which writes rules and enforces consumer protections against banks and other financial institutions. Kelly heard almost two hours of arguments on the injunction December 22. But since he took over the agency, Mulvaney has been appeared far more in charge of the bureau than English.

English's attorney, Deepak Gupta, previously indicated in court that they would appeal if they lost in the district court. He promoted English, his chief of staff, to deputy director and said she would be the acting director under a provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act that created the bureau.

"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. "Mr. Mulvaney's appointment undermines the Bureau's independence and threatens its mission to protect American consumers". In his written opinion, Judge Kelly said, "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".


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