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Sunday, November 26, 2017

Who heads the CFPB and how to find out?

Marty Lederman deconstructs (and questions) the OLC memo concluding that the President's appointment of Mike Mulvaney was lawful and controlling. Sam Bray argues that the answer is a quo warranto action filed by the AG or the US Attorney for the District of the District of Columbia.

On Sunday, Leandra English filed suit in the District of D.C., seeking a TRO and declaratory judgment (with a passing reference to a writ of mandamus) that she is the lawful Acting Director and that the Mulvaney appointment is invalid. The suit names Trump and Mulvaney as defendants, for a declaration barring Trump from appointing any other Acting Director and barring Mulvaney from asserting the authority of the office.

Posted by Howard Wasserman on November 26, 2017 at 10:28 PM in Civil Procedure, Howard Wasserman, Law and Politics | Permalink


The Resistance is awfully tiresome, even when they're not shooting people,


and breaking their ribs


Posted by: Art Deco | Nov 30, 2017 2:53:22 PM

Didn't a court hold that the president must be able to fire the director? If so, Trump could just fire English and install Mulvaney even if OLC is wrong. Also, I think the General Counsel of the CFPB agreed with the OLC that Mulvaney is the acting director.

Posted by: biff | Nov 27, 2017 10:56:49 PM

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