CFPB Political Battles Will Reignite in June When Mulvaney’s Term Is Up
If a nominee is rejected, Mulvaney will serve an additional 210 days.
Because Mick Mulvaney was only appointed to the "acting director" position within the Consumer Financial Protection Bureau last fall, he is term-limited by law in that role to 210 days, a deadline which will come June 22.
Mulvaney, who also heads the Office of Management and Budget, could wind up staying in the position for much longer because of lesser known provisions of the same law, setting off new political battles with Senate democrats over the bureau, and offering up high-risk high-reward gambles for President Trump on the November elections.
With the "acting director" position expiring, President Trump needs to nominate someone for the actual director's position, a nomination that would need Senate confirmation.
"As soon as a nominee is put up from the Trump administration, it triggers other parts of the Federal Vacancies Reform Act, and will basically allow Mulvaney to serve until the Senate actually confirms somebody. And if they reject that nominee, then he gets an additional 210 days of service," said Dan Press, a consumer finance policy analyst at the free-market think tank the Competitive Enterprise Institute.
"So really, I think it sets up a massive conundrum for Democrats," Press added.
"They've got somebody in as acting director who they really dislike, and the Trump administration is probably going to put up someone else that they really dislike, so they're going to have to choose between lesser evils from their perspective, really."
Press said the upshot of these provisions of the Federal Vacancies Reform Act means Mulvaney will likely still be acting director towards the end of this year, and theoretically could be there for much longer.
The most talked about name in the rumor mill for a likely nomination to lead the bureau is Mark McWatters, currently the chairman of the National Credit Union Administration.
Mulvaney's appointment to the acting director position at the CFPB set off one of the more memorable political battles of 2017. When then-Director Richard Cordray resigned to run for governor of Ohio, he tried to handpick his own successor, appointing Deputy Director Leandra English on his way out the door.
Had Cordray been successful in that maneuver, it would have kept Obama-era loyalists in the bureau's leadership for sometime.
President Trump instead appointed Mulvaney to the acting director's position, setting off court battles. Two decisions have upheld the Mulvaney appointment, but English is appealing one of those rulings with her own set of lawyers.
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http:// freebeacon.com/issues/cfpb-political-battles-will-reignite-june-mulvaneys-term/