In Mr Mulvaney's message to staff, he wrote: "It has come to my attention that Ms English has reached out to many of you this morning via email in an attempt to exercise certain duties of the Acting Director".
Liberal-leaning organizations are also questioning Trump's appointment.
While the Vacancies Act does allow a president to appoint acting directors at agencies like the CFPB, the Dodd-Frank Act has specific language that seems to indicate that only a deputy director can step into the acting director position. Mulvaney, who showed up to the agency Monday with a box full of donuts, wasted no time and few words in his response to English's assertion that she is now in charge of the agency.
On Nov. 24, 2017, Richard Cordray, the director of the Consumer Financial Protection Bureau, tendered his resignation and appointed his chief of staff, Leandra English, to the long-vacant position of deputy director, asserting that "u$3 pon my departure, [English] will become the acting Director pursuant to section 1011 (b)(5) of the Dodd-Frank Act". John Czwartacki, the communications director for the OMB, tweeted a photo of Mulvaney at the CFPB, saying Mulvaney was "already hard at work as acting director at cfpb".
Why was there a vacancy at the Consumer Financial Protection Bureau?
Until the resignation of Mr Cordray - an Obama appointee who is seen as a likely Democratic candidate for OH governor - the bureau was one of the last bulwarks against Mr Trump's efforts to weaken financial regulation.
Both emails were signed "acting director".
The White House brought doughnuts and diktats to an extraordinary public struggle for control of a banking watchdog on Monday as President Donald Trump's chosen lieutenant sought to wrest from Democratic hands an agency meant to protect consumers. Elizabeth Warren, D-Mass., a Harvard Law School professor at the time. Katz said Congress imbued the CFPB with great power and independence, so only Congress could force real change at the agency.
"I knew on Friday who my boss was", an employee for the agency, who only gave his first name, Ella, because he was not authorized to speak to reporters, said as he approached the bureau.
"Please disregard any instructions you receive from Ms".
"Now that the CFPB's own general counsel - who was hired under Richard Cordray - has notified the bureau's leadership that she agrees with the Administration's and DOJ's reading of the law, there should be no question that Director Mulvaney is the acting director", White House spokeswoman Sarah Sanders said in a statement. "English in her presumed capacity as Acting Director", Mulvaney wrote in a staff-wide memo. While the Dodd-Frank rule stands, assistant attorney general Steven Engel argued in an eight-page opinion on Sunday, it "does not displace the president's authority under the Vacancies Reform Act", instead giving Trump authority to "override an agency's designated succession path" as he sees fit.
David Silberman, who had been serving as acting deputy director, will continue in his role as associate director of the Research, Markets, and Regulations division. McLeod recognizes, as she must, that the House-passed version of the law creating the CFPB would have made the FVRA available to the president in circumstances like this - but - that Congress deliberately replaced that version with one not giving the president a power to circumvent Dodd-Frank.