Robert H. Swan said he would sue the Clinton administration this week to block his termination as a director at the National Credit Union Administration.

The White House told Mr. Swan that as of April 9 his appointment to the NCUA board was terminated. Mr. Swan, whose six-year term ended last August, has refused to step down until the Senate confirms his successor.

However, President Clinton on Friday temporarily circumvented Senate approval of his nominee, banking attorney Yolanda T. Wheat, through a recess appointment. Ms. Wheat is expected to start work at the agency today.

At a press conference Friday, Mr. Swan argued that he is allowed by law to stay on the job until the Senate confirms a replacement. "Like all presidential nominees, (Ms. Wheat) should be open to the same advise and consent process with the Senate," Mr. Swan said.

House Speaker Newt Gingrich, R-Ga., also weighed in with concerns. "I would respectfully advise caution," Rep. Gingrich wrote in an April 11 letter to President Clinton. "Recess appointments have in the past been very controversial with unforeseen consequences."

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