Noting again this morning, the law is unambiguous that when the DNI position is vacant, the Principal Deputy DNI serves as acting DNI. law.cornell.edu/uscode/text/50… Unclear why Trump teased an announcement of the acting—it has to be Sue Gordon, the current principal deputy.
(6) The Principal Deputy Director of National Intelligence shall act for, and exercise the powers of, the Director of National Intelligence during the absence or disability of the Director of National Intelligence or during a vacancy in the position of Director of National Intel.
If Gordon were no longer the Principal Deputy DNI, the law speaks to that as well: The DNI (Coats until Aug. 15, as far as we know now) recommmends a new deputy to the president.
(2) In the event of a vacancy in the position of Principal Deputy Director of National Intelligence, the Director of National Intelligence shall recommend to the President an individual for appointment as Principal Deputy Director of National Intelligence.
“Recommend” may offer some wiggle room, I suppose. But there’s no way I see go get around the law re: a vacancy at the top.
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