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10 DISTRICT JUDGE SIDES WITH PRESIDENT TRUMP ON CFPB DIRECTOR Last month, a federal judge appointed by President Trump delivered the administration a legal victory with a decision supporting the President's choice for head of the Consumer Financial Protection Bureau. U.S. District Judge Timothy J. Kelly refused to block President Trump's appointment of White House Budget Director Mick Mulvaney to head the CFPB. at request had been made by Leandra English, who was appointed acting head of the Bureau by former CFPB Director Richard Cordray after he announced his retirement in November 2017. English had previously served as Cordray's Chief of Staff. When President Trump then appointed outspoken CFPB critic Mulvaney to head the organization, the stage was set for turmoil and controversy in the months to come. With both Mulvaney and English arguing that they were the legitimate Acting Director of the Bureau, English filed a lawsuit seeking a temporary restraining order. At the time even the CFPB's own general counsel said the law was on the President's side, but it was clear that a protracted legal battle lay ahead. Judge Kelly said that English had failed to meet the "exacting standard" necessary for him to issue a preliminary injunction, adding that he saw nothing in the CFPB's designation as an independent bureau that would dictate who could serve as acting director. In his written opinion, Judge Kelly said, "e president has designated Mulvaney the CFPB's acting director, the CFPB has recognized him as the acting director, and it is operating with him as the acting director. Granting English an injunction would not bring about more clarity; it would only serve to muddy the waters." English's argument hinges upon the notion that the CFPB was intended to be an independent agency, and cites the 2010 Dodd-Frank Act, which created the agency. President Trump's case cites the 1998 Federal Vacancies Reform Act to support the administration's position. In his written opinion, Judge Kelly said, "e best reading of the two statutes is that Dodd- Frank requires that the deputy director 'shall' serve as acting director, but that under the FVRA the president 'may' override that default rule." Department of Justice spokeswoman Lauren Ehrsam told Law360, "We are pleased the court vindicated the President's authority to appoint Mick Mulvaney as Acting Director of CFPB, finding that Ms. English had not shown a substantial likelihood of success on the merits, and is unlikely to suffer irreparable harm." Deepak Gupta of Gupta Wessler PLLC, an attorney who is representing English, said on Twitter that, "e law is clear: President Trump may not circumvent the Senate confirmation process by installing his White House budget director to run the CFPB part time. Mr. Mulvaney's appointment undermines the bureau's independence and threatens its mission to protect American consumers." ON THE WEB WEBSITES TO GET TO KNOW. Larky helps financial institutions and membership organizations better connect with their audiences by delivering discounts and product information to users through mobile and web platforms. Larky boosts wallet share, loyalty, and retention while driving mortgages. Larky helps you stand out from traditional financial institutions who aren't targeting their marketing to their communities and helps bridge the gap in today's lending environment where mobile interaction can seem impersonal. Larky is especially a favorite among the much sought- after millennial generation. If you need smart, savvy financial advice, this is the place to go. As an added bonus, LearnVest also offers affordable personal financial planning services, including a dedicated financial planner, a detailed financial action plan that breaks down goals and steps, a commitment calendar that details how much to put toward your goals, custom challenges that break down your action items, a custom money center for keeping track of spending and saving, and access to exclusive content and events. is is a great source for visual news, particularly if you want to make your own infographics. For projects, all Visually requires is for you come up with a project and then to send their reps the idea. en, they give a price quote. e thing that makes Visually great for business is that even though it has a team of people working on projects, the project's originator always gets to take credit for it. Visually's product line includes videos, infographics, eBooks, reports and presentations, photography, social media microcontent, interactive microsites, writing, content strategies, and illustrations. LEARNVEST.COM 2 LARKY.COM 1 VISUAL.LY 3