NEWS: GAO has concluded that Acting Homeland Security Secretary Chad Wolf and Acting Deputy Secretary Ken Cuccinelli were invalidly appointed and are *ineligible* to serve in their current roles. 
Per GAO, the original sin was the appointment of Kevin McAleenan after Kirstjen Nielsen resigned. McAleenan was ineligible to succeed her.
McAleenan then altered the order of succession to provide for Wolf and Cuccinelli to take on their roles.
McAleenan then altered the order of succession to provide for Wolf and Cuccinelli to take on their roles.
The full GAO report: politico.com/f/?id=00000173…
GAO leaves a huge question mark about whether any actions Cuccinelli and Wolf have taken are also potentially invalid.
They take no position on it but refer the question to the inspector general.
They take no position on it but refer the question to the inspector general.
NEW: The determination that WOLF and CUCCINELLI are ineligible to serve in their roles raises significant legal questions about the validity of their actions and could invite challenged. politico.com/news/2020/08/1…
THE CRUX: It appears that NIELSEN made a mistake when she attempted to change the order of succession the day before she resigned.
She updated only the part that deals with the secretary's absence due to a disaster, not the part due to resignation. politico.com/news/2020/08/1…
She updated only the part that deals with the secretary's absence due to a disaster, not the part due to resignation. politico.com/news/2020/08/1…
Now, Reps. Thompson and Maloney are calling on Wolf to return to his undersecretary role and for Cuccinelli to resign altogether.
They want the IG to quickly examine whether actions they took are legally valid. politico.com/news/2020/08/1…
They want the IG to quickly examine whether actions they took are legally valid. politico.com/news/2020/08/1…
