English's bid to bar Mulvaney from CFPB post fails


A federal judge has ruled in favor of President Donald Trump and the White House over the control of a national financial watchdog agency, the Consumer Financial Protection Bureau.

"English has not demonstrated a likelihood of success on the merits or shown that she will suffer irreparable injury absent injunctive relief", Judge Timothy Kelly, of U.S. District Court in the District of Columbia, wrote in his decision.

Mulvaney was appointed acting director under the Federal Vacancies Reform Act, which allows the president to name a now serving Senate-confirmed official as acting director for a set period of time or until a permanent director is confirmed.

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.

Kelly came to the same conclusion Wednesday, denying English's request for a preliminary injunction. He also wrote that there was nothing in Dodd-Frank that barred the head of OMB from also serving as acting director of the CFPB. But the judge concluded that issuing the injunction that English wanted wouldn't solve the problem. "I would like to thank David Silberman for taking on the additional role of acting deputy director during a busy time and appreciate his continued service as associate director of Research, Markets, and Regulations".

"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". English had previously served as Cordray's chief of staff.

A federal judge appointed by President Trump has delivered the administration a legal victory with a decision supporting the President's choice for head of the Consumer Financial Protection Bureau. With both Mulvaney and English arguing that they were the legitimate Acting Director of the Bureau, English filed a lawsuit seeking a temporary restraining order.

A spokeswoman for Mulvaney did not immediately respond to a request for comment. "Mr. Mulvaney's appointment undermines the Bureau's independence and threatens its mission to protect American consumers".