A federal judge will hear arguments Monday afternoon about who's in charge at the Consumer Financial Protection Bureau after a confusing day with rival claimants to the title of acting director.
U.S. District Judge Timothy Kelly will hear arguments at 4:30 p.m. in a courthouse near the U.S. Capitol.
Leandra English is asking Kelly, a Trump nominee confirmed in a 94-2 vote in September, to grant a temporary restraining order in her lawsuit, filed Sunday after President Trump brushed aside outgoing CFPB Director Richard Cordray's attempt to put English in charge.
Trump instead named Office of Management and Budget Director Mick Mulvaney to lead the CFPB as acting director.
The legal debate centers on whether the law establishing CFPB's relative independence also makes its leadership succession unique from other federal agencies.
Mulvaney showed up to work Monday at the CFPB, which is located near the White House, with his spokesman John Czwartacki tweeting photos of donuts and a photo from what he said was the director's office.
"I've not seen [English]," Czwartacki told Axios. "I've not seen anyone act as her proxy. I've only had cordial interactions with the staff so far. All of the staff we have seen are treating Mick, appropriately, as the acting director. They've treated him with respect and complete constructive engagement."
Two spokesmen for the CFPB referred questions to Czwartacki, who is OMB communications director.
The White House intends Mulvaney — a longtime critic of the CFPB, which was established by the 2010 Dodd-Frank financial reform law — to lead both the CFPB and the OMB for the time being.
It's unclear if English reported for work at the CFPB. She reportedly will meet with Sen. Elizabeth Warren, D-Mass., on Monday afternoon to discuss the leadership struggle.
Warren was influential in establishing the bureau and is one of the two senators to vote against Judge Kelly's confirmation.
Attorney Deepak Gupta, who is representing English, did not respond to request for comment about her Monday schedule.