states the deputy director becomes acting director when the agency's top spot becomes vacant. the white house citing a different law, federal vacancy reform act, allows the president to appoint an acting head to an agency already confirmed by the senate. republicans are applauding the appointment. >> i think the president is on good ground to appoint somebody under vacancy statute. in terms of the agency, it is the most out of control, unaccountable federal agency in washington. >> reporter: democrats are slamming it as a political move. >> wall street hates it like the devil hates holy water. they're trying to put an end to it. but this morning, the top lawyer at the burris siding with the trump administration. general counsel mcboyd says the president has every right to appoint nick mulvaney as acting director. the white house of course applauding that, and then calling out the outgoing director who resigned friday, saying this. it is unfortunate that mr. cordray decided to put his