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On Monday, Who's the Boss at Consumer Rights Agency?

by Associated Press

   Who's the boss? That's the awkward question after the departing head of
   a government agency charged with looking after consumer rights
   appointed a deputy to temporarily fill his spot. The White House then
   named its own interim leader.

   One job, two people -- and two very different views on how to do it.

   The first pick is expected to continue the aggressive policing of banks
   and other lenders that have angered Republicans. The second, President
   Donald Trump's choice, has called the agency a "joke," an example of
   bureaucracy run amok, and is expected to dismantle much of what the
   agency has done.

   So come Monday, who will be leading the Consumer Financial Protection
   Bureau?

   'Both say law on their side

   Senior Trump administration officials said Saturday that the law was on
   their side and they expect no trouble when Trump's pick for temporary
   director of the CFPB shows up for work. Departing director Richard
   Cordray, an Obama appointee long criticized by Congressional
   Republicans as overzealous, had cited a different rule in saying the
   law was on his side.

   In tendering his resignation Friday, Cordray elevated Leandra English,
   who was the agency's chief of staff, into the deputy director position.
   Citing the Dodd-Frank Act that created the CFPB, he said English, an
   ally of his, would become acting director upon his departure.

   Corday's move was widely seen as an attempt to stop Trump from shaping
   the agency in the months ahead.

   The White House cites the Federal Vacancies Reform Act of 1998.
   Administration officials on Saturday acknowledged that some other laws
   appear to clash with Vacancies Act, but said that in this case the
   president's authority takes precedence.

   Important, though temporary, job

   Who prevails in the legal wrangling is seen as important even though
   this involves just a temporary posting. Getting a permanent replacement
   approved by the Senate could take months.

   The president's pick for temporary appointee, Mick Mulvaney, had been
   widely anticipated. Mulvaney, currently director of the Office of
   Management and Budget, has been an outspoken critic of the agency and
   is expected to pull back on many of Cordray's actions in the six years
   since he was appointed.

   Trump announced he was picking Mulvaney within a few hours of Cordray's
   announcement Friday.

   "The Consumer Financial Protection Bureau, or CFPB, has been a total
   disaster as run by the previous Administrations pick," Trump tweeted
   Saturday from his private Mar-a-Lago club in Palm Beach, Florida, where
   he is spending a long Thanksgiving weekend. "Financial Institutions
   have been devastated and unable to properly serve the public. We will
   bring it back to life!"

   The administration officials, speaking on condition of anonymity to
   discuss the White House's thinking, called Trump's appointment of an
   acting director a "routine move." They said the Justice Department's
   Office of Legal Counsel has already approved Trump's appointment of
   Mulvaney and will issue a written legal opinion soon.

   The clashing appointments raise the question: What happens when the two
   new heads show up and try to sit at the same desk and give orders?

   One of the administration officials said Mulvaney was expected to start
   working Monday and that English was expected to also show up -- but as
   deputy director.

   Leandra English

   English is a trusted lieutenant of Cordray's who has helped investigate
   and punish financial companies in ways that many Republicans, Mulvaney
   in particular, think go too far. In his announcement Friday, Cordray
   highlighted English's "in-depth" knowledge of the agency's operations
   and its staff. Before joining the CFPB, English served at the Office of
   Management and Budget and Office of Personnel Management.

   "Leandra is a seasoned professional who has spent her career of public
   service focused on promoting smooth and efficient operations," Cordray
   said in the statement.

   Mick Mulvaney

   Mulvaney was a South Carolina representative to the House before
   becoming head of the budget office. A founder of the hard-right House
   Freedom Caucus, he was elected in 2010 as part of a tea party wave that
   brought many critics of the U.S. budget deficit to office. He has taken
   a hard line on federal spending matters, routinely voting against
   increasing the government's borrowing cap and pressing for major cuts
   to benefit programs as the path to balancing the budget.

   He also has been unsparing in his criticism of the CFPB. In a widely
   quoted comment, he once blasted the agency as "joke," saying its lack
   of oversight by Congress and its far-reaching regulations had gone too
   far.

   "The place is a wonderful example of how a bureaucracy will function if
   it has no accountability to anybody," he told the Credit Union Times in
   2014. "It turns up being a joke in a sick, sad kind of way."

   Congress weighs in

   U.S. Rep. Jeb Hensarling, chairman of the powerful House Financial
   Services Committee and a longtime critic of Cordray, said Mulvaney
   would "fight not only to protect consumers from force, fraud, and
   deception but will protect them from government interference with
   competitive, innovative markets and help preserve their fundamental
   economic opportunities and liberties."

   Democrats have seized upon Mulvaney's words in criticizing his
   appointment to the agency.

   U.S. Rep. Maxine Waters of California, the top Democrat on the
   Financial Services Committee, issued a statement Saturday calling
   Mulvaney "unacceptable" to lead the CFPB because of his "noxious" views
   toward its mission to protect consumers.

   "He was also the original co-sponsor of a bill to completely eliminate
   the Consumer Bureau," she wrote, "and supported other legislation to
   harmfully roll back Wall Street reform."