For the departing director to have been able to appoint her she would have had to be deputy director for at least 90 days prior to that appointment. She was appointed deputy director only a few days before his resignation.
NOV 24, 2017
SHARE THIS
WASHINGTON, D.C. – The Consumer Financial Protection Bureau (CFPB) today announced that Leandra English has been officially named deputy director of the agency. English, who had been most recently serving as the agency’s chief of staff, has previously held key leadership positions at the CFPB, the Office of Management and Budget, and the Office of Personnel Management. 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.
5 U.S. Code § 3345 - Acting officer
prev |
next
Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
employee of such
Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
employee served in a position in such agency for not less than 90 days; and
position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a
position at GS–15 of the General Schedule.
5 U.S. Code § 3345 - Acting officer
From Harvard when the agency was created-
Thus, when the President exer- cises his appointment power every five years, it will have a more powerful impact on the shape of the Bureau than if the Bureau had a multimember board
https://harvardlawreview.org/wp-content/uploads/pdfs/vol12408_recentlegislation.pdf
Thus the executive branch has control over the appointment of its director. When the director resigned, it then became under the President s authority to appoint a new director, acting or not. The director, if absent for short periods of time, could relegate his duties to someone to act in his behalf- not due to resignation.
That is a question for the courts to answer, and I don't think you should be so confident that they'll see it that way.
There's no question that Trump has the power to appoint the director - with confirmation by the Senate, of course - but the question of who becomes acting director in the interim is not so clear.