Last month, @USGAO released a report concluding that
Acting @DHS_Wolf and Acting @HomelandKen are both serving in their positions illegally: drive.google.com/file/d/1BCR-Yl…
This week, a federal judge reached a similar conclusion, ruling that @DHS_Wolf is likely serving in his role unlawfully, and barred the Trump administration from enforcing new asylum rules: cnn.com/2020/09/14/pol…
But, as @beccadamante documents for @just_security, they're not alone.
At least 15 other officials serving in at least 12 executive branch departments do not hold their positions lawfully: justsecurity.org/72456/at-least…
The law in question is the Federal Vacancies Reform Act, which restricts the amount of time someone can serve in a senior government position in an "acting" capacity.
This, in turn, forces the president to officially nominate people for the government's top jobs.
Why is this important?
The Constitution. en.wikipedia.org/wiki/Appointme….
As @beccadamante explains, "Under the Appointments Clause of the Constitution, the president is required to obtain 'the Advice and Consent of the Senate' in order to:
The Trump administration has cut the Senate out of the process.
And so, across the government, people are in their jobs illegally, including possibly, the secretary of the Department of Homeland Security.
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