For this preposterous "bypass" to work, the "Secretary" of Homeland Security would have to rewrite the DHS succession order to elevate the Assistant Secretary for CWMD above numerous more senior officials.
And there hasn't been a "Secretary" of Homeland Security since April 10.
And there hasn't been a "Secretary" of Homeland Security since April 10.
It's true, of course, that the Acting Secretary is usually able to exercise the same duties and functions as the permanent officeholder.
But here, the statute (6 U.S.C. § 113(g)(2)) expressly distinguishes between the Secretary and the Acting Secretary:
law.cornell.edu/uscode/text/6/…
But here, the statute (6 U.S.C. § 113(g)(2)) expressly distinguishes between the Secretary and the Acting Secretary:
law.cornell.edu/uscode/text/6/…
Keep in mind that all of this is totally unnecessary. There are hundreds of people who could lawfully be named Acting DHS Secretary under the Federal Vacancies Reform Act of 1998. And that's to say nothing of _nominating_ a permanent secretary and sending that name to the Senate.
