The Justice Department released a memo on Saturday arguing that it is well within President Trump’s authority to appoint White House budget chief Mick Mulvaney as the interim director of the Consumer Financial Protection Bureau (CFPB).
In a memo dated Nov. 25, Steven Engel, the assistant attorney general for the Office of Legal Counsel, said that the 1998 Federal Vacancies Act gives the president full authority to appoint an acting director to the watchdog agency, regardless of the CFPB’s established line of succession.
The 2010 Dodd-Frank Wall Street Reform Act, which established the CFPB, states that the deputy director is to head the agency in the absence of a permanent director.
“The fact that the Deputy Director may serve as Acting Director by operation of the statute, however, does not displace the President’s authority under the Vacancies Reform Act,” Engel wrote in the Saturday memo.
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SOURCE: The Hill, Max Greenwood