2017-11-21theintercept.com

Practically every media outlet has carried this report about Mulvaney to CFPB. There's only one problem: it's not Trump's pick to make.

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Adam Levitin, Georgetown Law professor and former CFPB adviser, was the first to point this out. The statute that created the CFPB is pretty clear: In the event of the absence of a director for the agency, the deputy director serves that role. The director appoints the deputy director; it doesn't require Senate confirmation.

This would mean David Silberman, acting deputy director of CFPB, would get the reins when Cordray leaves office. Silberman is a former AFL-CIO deputy general counsel and a law clerk to Justice Thurgood Marshall who has worked at the CFPB since 2011.''



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