# Who is the acting deputy director of the Consumer Financial Protection Bureau? **URL:** \ **Category:** Great Debates\ **Created:** [November 26, 2017, 9:48pm UTC](https://boards.straightdope.com/t/who-is-the-acting-deputy-director-of-the-consumer-financial-protection-bureau/802805 "2017-11-26T21:48:38Z")\ **Posts on this page:** 7\ **Page:** 3
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [November 28, 2017, 10:11am UTC](https://boards.straightdope.com/t/who-is-the-acting-deputy-director-of-the-consumer-financial-protection-bureau/802805/41 "2017-11-28T10:11:11Z")
I guess Leandra English will have to set up her office in Avignon? ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [November 28, 2017, 10:26pm UTC](https://boards.straightdope.com/t/who-is-the-acting-deputy-director-of-the-consumer-financial-protection-bureau/802805/42 "2017-11-28T22:26:24Z")
Request for TRO in favor of English denied. That means Trump’s pick Mulvaney is in charge, at least for now. > **[Court sides with Trump in consumer agency fight](https://thehill.com/policy/finance/362107-court-sides-with-trump-in-consumer-agency-fight/)** > > The ruling clears the way for Mick Mulvaney to run the CFPB. ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [November 29, 2017, 12:23am UTC](https://boards.straightdope.com/t/who-is-the-acting-deputy-director-of-the-consumer-financial-protection-bureau/802805/43 "2017-11-29T00:23:24Z")
[AP story here](https://apnews.com/a9a3e0e3738940cdb573fe4eb891906b/Judge-rules-in-favor-of-Trump-over-fate-of-consumer-watchdog), too. > [@](#): > > Judge Timothy Kelly declined to stop the president from putting Mick Mulvaney in place as the acting director of the CFPB. In doing so, Kelly ruled against Leandra English, the CFPB’s deputy director, who had requested an emergency restraining order to stop Mulvaney from becoming the acting director. > > Both Mulvaney and English claimed to be the rightful acting director, with each citing different federal laws. The leadership crisis developed over the weekend after the CFPB’s permanent director, Richard Cordray, resigned and appointed English as his successor. Shortly afterward, the White House announced that Mulvaney, currently budget director, would take over the CFPB on an interim basis. > > The judge’s ruling Tuesday is not the final decision in the case. But in making his decision, the judge said that English had not shown a substantial likelihood that she eventually would succeed on the merits of her case. The judge’s decision is not immediately appealable. Can someone explain that last sentence? ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [November 29, 2017, 12:26am UTC](https://boards.straightdope.com/t/who-is-the-acting-deputy-director-of-the-consumer-financial-protection-bureau/802805/44 "2017-11-29T00:26:42Z")
> [@Snowboarder\_Bo](#): > > [AP story here](https://apnews.com/a9a3e0e3738940cdb573fe4eb891906b/Judge-rules-in-favor-of-Trump-over-fate-of-consumer-watchdog), too.Can someone explain that last sentence? He declined to issue a RO. The case continues otherwise. ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [November 29, 2017, 2:48am UTC](https://boards.straightdope.com/t/who-is-the-acting-deputy-director-of-the-consumer-financial-protection-bureau/802805/45 "2017-11-29T02:48:05Z")
> [@Snowboarder\_Bo](#): > > [AP story here](https://apnews.com/a9a3e0e3738940cdb573fe4eb891906b/Judge-rules-in-favor-of-Trump-over-fate-of-consumer-watchdog), too.Can someone explain that last sentence? My cursory reading finds a few mentions that the granting of, or refusal to grant, a temporary restraining order is generally not appealable because they are generally of short duration. Though there are, of course, a boatload of exceptions including TROs that effectively end a case. IANAL and do not fully understand why this denial of a TRO is not appealable. Regardless, English has a definite uphill climb. She failed to show that she was likely to prevail on the merits. She still will get a chance to argue her case. But if in the meanwhile Trump nominates and the Senate confirms a new director the whole case will be mooted. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [November 29, 2017, 2:50pm UTC](https://boards.straightdope.com/t/who-is-the-acting-deputy-director-of-the-consumer-financial-protection-bureau/802805/46 "2017-11-29T14:50:14Z")
Legal analyst [Dahlia Lithwick](http://www.slate.com/articles/news_and_politics/jurisprudence/2017/11/trump_should_win_the_battle_over_the_consumer_financial_protection_bureau.html) argues that Trump has the right to appoint Mulvaney. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 29, 2017, 3:10pm UTC](https://boards.straightdope.com/t/who-is-the-acting-deputy-director-of-the-consumer-financial-protection-bureau/802805/47 "2017-11-29T15:10:29Z")
Ms. Lithwick is right, I think. 12 U.S.C. § 5491(a) (the Dodd-Frank Act language) says: > [@](#): > > Except as otherwise **provided expressly by law** , all Federal laws dealing with public or Federal contracts, property, works, **officers** , employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Bureau. The Federal Vacancies Reform Act is, in fact, a federal law, and it does in fact deal with officers. So the FVRA applies, unless there is another law that says it doesn’t. And if there were such a law, it would have to EXPRESSLY provide otherwise. That means you cannot say, “Well, this law is newer, and it implies a different answer.” That’s not “expressly,” and it doesn’t change things. [Previous page](https://boards.straightdope.com/t/who-is-the-acting-deputy-director-of-the-consumer-financial-protection-bureau/802805.md?page=2)