ICYMI — The Hill: Justice Department, Republican AGs back Trump in fight over consumer bureau


Justice Dept, Republican AGs back Trump in fight over consumer bureau
The Hill
By Sylvan Lane
December 18, 2017

The Justice Department and a group of 13 Republican attorneys general on Monday backed President Trump and his pick for the acting director of the Consumer Financial Protection Bureau (CFPB) in a federal challenge to his appointment.

Both filed briefs supporting Trump and Office of Management and Budget Director Mick Mulvaney, whom Trump named acting director of the CFPB, in a federal suit filed against them over control of the CFPB in the district court for Washington, D.C.

The Justice Department and the group of GOP state law enforcement chiefs argued that Mulvaney is the rightful acting director of the CFPB.

The Justice Department countered in its Monday brief that the Federal Vacancies Reform Act gives the president clear, specific powers to nominate any Senate-confirmed administration official to temporarily lead a department or agency. The agency argued that nothing in Dodd-Frank supersedes that law and that English hasn’t proven that she would be harmed by Mulvaney continuing as acting director.

The Justice Department also argued that replacing Mulvaney with English would upset the status quo at the CFPB, where senior leaders and the agency’s chief counsel have accepted his leadership.

The GOP attorneys general echoed those claims and argued that the power of the CFPB director position gives Trump the constitutional authority to decide who can fill it on a temporary basis.

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