WASHINGTON–The Department of Justice is seeking dismissal of a lawsuit filed by Lower East Side Peoples Credit Union challenging President Trump’s appointment of a CFPB director.
The DoJ filed its motion in the U.S. District Court for the District of Columbia. The LESPCU suit was filed in the U.S. District Court for the Southern District of New York after Leandra English, whom former CFPB Director Richard Cordray had tapped to lead the agency.
In its opposition brief, the DoJ indicated it not only opposes the credit union’s motion, but it also moved to dismiss the lawsuit for lack of Article III standing. The credit union is alleging it has suffered injury because, as a CFPB-regulated entity, it faces “uncertainty” as to who is the lawful CFPB Acting Director.
President Trump has named Mick Mulvaney to the post.
In its response, the Justice Department argues Lower East Side Peoples’ statements regarding uncertainty do not allege an injury in fact sufficient for Article III standing, and further stated the CU had not explained why such uncertainty should be attributed to Mulvaney rather than English.
In addition, the DoJ also pointed to an amicus brief filed by CUNA that supports the appointment of Mulvaney to acting director.
In an interview here, with CUToday.info, Lower East Side Peoples offered its reasons for filing the suit.