Federal judge denies request to remove Mulvaney as head of CFPB

Federal judge denies request to remove Mulvaney as head of CFPB

A judge for the US District Court for the District of Columbia [official website] on Wednesday denied a motion for preliminary injunction [text, PDF] brought by Consumer Financial Protection Bureau (CFPB) [official website] Deputy Director Leandra English to remove Mick Mulvaney as interim director.

Judge Kelly Timothy wrote in the 46-page decision that, “[t]he court finds that English is not likely to succeed on the merits of her claims, nor is she likely to suffer irreparable harm absent the injunctive relief sought.” The decision further reasoned that removing Mulvaney through a preliminary injunction would fail to “pay particular regard for the public consequences” and potential chaos that such an action could bring to the agency and the public’s expectations for the CFPB.

English’s motion for injunction [text] claimed that President Donald Trump’s interim appointment of Mulvaney while a permanent director is nominated and approved by the Senate, violated the succession plan for agency directors established in the Dodd-Frank Wall Street Reform Act [text, PDF], and the Appointments Clause [art. II, § 2 text] of the US Constitution and the Administrative Procedure Act.

The ruling allows Mulvaney to continue as the acting leader of the bureau.

English’s attorney, Deepak Gupta, had previously indicated [LAT report] English would appeal, saying that “I think everyone understands this court is not the final stop, this judge does not have the final word on what happens in this controversy.”