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Court Sides with Trump in CFPB Leadership Dispute
Wednesday, November 29, 2017 6:50 AM

A U.S. District Court judge in Washington on Tuesday handed a big victory to President Donald Trump, ruling in favor of the administration in its bid to install White House Budget Director Mick Mulvaney as acting director of the Consumer Financial Protection Bureau.

Judge Timothy Kelly denied a request by Leandra English, who was named last week as acting director by outgoing CFPB chief Richard Cordray, for a temporary restraining order to block Mulvaney from taking the post.

While this ruling cannot be challenged, Deepak Gupta, English’s lawyer, told reporters that he would have to consult with his client about the next steps. These could either involve seeking a preliminary injunction or requesting a ruling on a permanent injunction, either of which could be appealed to a higher court.

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“On its face, the VRA does appear to apply to this situation,” the judge ruled.

Specific laws generally supersede general laws. But Kelly said that while Dodd-Frank is more specifically related to the CFPB, the vacancies law is more specific in that it explicitly refers to a “vacancy.” Dodd-Frank does not use that word.

The judge also said he could not find any law that would prevent Mulvaney from serving as acting CFPB director and budget director simultaneously.

Source: Politico