Top DHS officials Wolf and Cuccinelli are not legally eligible to serve in their current roles, ...
Source: Washington Post
Business
Top DHS officials Wolf and Cuccinelli are not legally eligible to serve in their current roles, congressional watchdog agency finds
GAO found that both officials, who were elevated to their roles without Senate confirmation, sidestepped Congress in a way that was not permitted.
By Erica Werner
August 14, 2020 at 10:22 a.m. EDT
The appointments of the top two officials at the Department of Homeland Security violated federal law, the Government Accountability Office said on Friday.
GAO, which is an independent watchdog agency that reports to Congress, said that Acting Secretary of Homeland Security Chad Wolf and his deputy Kenneth Cuccinelli are serving under an invalid order of succession under the Vacancies Reform Act.
The Vacancies Reform Act governs how temporary appointments can be made to positions that require Senate confirmation. President Trump has repeatedly circumvented the Senate confirmation process by placing people in acting positions -- including Wolf and Cuccinelli, whose official title is Senior Official Performing the Duties of Deputy Secretary of Homeland Security.
Those two appointments violated the act, GAO said, because of the sequence of events following the resignation of DHS Secretary Kirstjen Nielsen in April of last year. The official who assumed the title of acting secretary at that time, Kevin McAleenan, had not been designated in the order of succession, GAO said.
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This is a developing story and will be updated.
Erica Werner
Erica Werner has worked at The Washington Post since 2017, covering Congress with a focus on economic policy. Previously, she worked at the Associated Press for more than 17 years. Follow https://twitter.com/ericawerner
Read more: https://www.washingtonpost.com/business/2020/08/14/top-dhs-officials-wolf-cuccinelli-are-not-legally-eligible-serve-their-current-roles-congressional-watchdog-agency-finds/
edited -- here's the original post:
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Federal Agency Rules DHS Sec. Chad Wolf And DHS Deputy Sec. Ken Cuccinelli Were Illegally Appointed
August 14, 2020
https://www.joemygod.com/2020/08/federal-agency-rules-dhs-sec-chad-wolf-and-dhs-deputy-sec-ken-cuccinelli-were-illegally-appointed/
Just in from the Government Accountability Office:
The Federal Vacancies Reform Act of 1998 (Vacancies Reform Act) provides for temporarily filling vacant executive agency positions that require presidential appointment with Senate confirmation. 5 U.S.C. § 3345.
GAO's role under the Vacancies Reform Act is to collect information agencies are required to report to GAO, and GAO uses this information to report to Congress any violations of the time limitations on acting service imposed by the Vacancies Reform Act. 5 U.S.C. § 3349.
As part of this role, we issue decisions on agency compliance with the Vacancies Reform Act when requested by Congress.
The Vacancies Reform Act is generally the exclusive means for filling a vacancy in a presidentially appointed, Senate confirmed position unless another statute provides an exception. 5 U.S.C. § 3347.
The Homeland Security Act of 2002 provides an order of succession outside of the Vacancies Reform Act when a vacancy arises in the position of Secretary of the Department of Homeland Security (DHS). 6 U.S.C. § 113(g).
Upon Secretary Kirstjen Nielsen's resignation on April 10, 2019, the official who assumed the title of Acting Secretary had not been designated in the order of succession to serve upon the Secretary's resignation.
Because the incorrect official assumed the title of Acting Secretary at that time, subsequent amendments to the order of succession made by that official were invalid and officials who assumed their positions under such amendments, including Chad Wolf and Kenneth Cuccinelli, were named by reference to an invalid order of succession.
We have not reviewed the legality of other actions taken by these officials; we are referring the matter to the Inspector General of DHS for review.
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Here's the decision:
https://www.politico.com/f/?id00000173-ed41-d0bf-a17b-fd4b69720000
= new reply since forum marked as read
Trump likes 'acting' appointees as underlings.
Trump added that having "acting" officials gives him "more flexibility."
https://www.democraticunderground.com/100211635809
https://www.cnn.com/2019/01/06/politics/trump-acting-officials-cabinet/index.html
They don't need vetting and are easily disposable after they have served their purpose of sycophant.
I feel like the country is in "let's just wait until November & see what happens then" mode. 
No, there are no longer any functioning checks and balances. 
