In a memorandum obtained by POLITICO, CFPB general counsel Mary McLeod said Trump had the legal authority to name an acting director to the bureau under the Federal Vacancies Reform Act.

“It is my legal opinion that the president possesses the authority to designate an acting director for the bureau,” McLeod wrote in the Nov. 25 memo to the CFPB leadership team. “I advise all bureau personnel to act consistently with the understanding that Director Mulvaney is the acting director of the CFPB.”

Yet even as McLeod’s memo was circulating, Leandra English, former CFPB Director Richard Cordray’s choice to serve as acting director of the watchdog agency, sued the Trump administration in U.S District Court in Washington.