Top DHS officials Wolf and Cuccinelli are not legally eligible to serve in their current roles, GAO

[BlueTex]

Let the lawsuits begin...

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.


Top DHS officials Wolf and Cuccinelli are not legally eligible to serve in their current roles, GAO finds

 

[tres borrachos]

Let the lawsuits begin...

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.


Top DHS officials Wolf and Cuccinelli are not legally eligible to serve in their current roles, GAO finds

Interesting!!

 

[Glitch]

Let the lawsuits begin...

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.


Top DHS officials Wolf and Cuccinelli are not legally eligible to serve in their current roles, GAO finds

Consider the source.

It is the President that determines who fills any vacancies that occur when the Senate is in recess. Not the GAO, and most certainly not Congress. Article II, Section 2, Clause 3 of the US Constitution makes that crystal clear.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

As long as the appointment was made while the Senate was in recess, then the President can make ANY appointment he desires which shall remain in effect until the end of the session in which the President appointed them. Any law that presumes to tell the President whom he must appoint is unconstitutional.

On November 13, 2019, the same day the Senate recessed until the 16th of November, Chad Wolf assumed the title of Acting Secretary and Kenneth Cuccinelli was appointed as the Senior Official Performing the Duties of Deputy Secretary of Homeland Security (Deputy Secretary). That means both can hold those positions, without Senate confirmation, until January 3, 2021. On January 4, 2021 a new session begins and they must depart those positions.

 

[BlueTex]

Consider the source.

It is the President that determines who fills any vacancies that occur when the Senate is in recess. Not the GAO, and most certainly not Congress. Article II, Section 2, Clause 3 of the US Constitution makes that crystal clear.



As long as the appointment was made while the Senate was in recess, then the President can make ANY appointment he desires which shall remain in effect until the end of the session in which the President appointed them. Any law that presumes to tell the President whom he must appoint is unconstitutional.

On November 13, 2019, the same day the Senate recessed until the 16th of November, Chad Wolf assumed the title of Acting Secretary and Kenneth Cuccinelli was appointed as the Senior Official Performing the Duties of Deputy Secretary of Homeland Security (Deputy Secretary). That means both can hold those positions, without Senate confirmation, until January 3, 2021. On January 4, 2021 a new session begins and they must depart those positions.

Then they should have no problem winning a lawsuit... Is their appointment legal under the Vacancies Reform Act?

 

[Glitch]

Then they should have no problem winning a lawsuit... Is their appointment legal under the Vacancies Reform Act?

There won't be a law suit, and the US Constitution supersedes all laws.

 

[TheDoctorWasIn]

Consider the source.

It is the President that determines who fills any vacancies that occur when the Senate is in recess. Not the GAO, and most certainly not Congress. Article II, Section 2, Clause 3 of the US Constitution makes that crystal clear.



As long as the appointment was made while the Senate was in recess, then the President can make ANY appointment he desires which shall remain in effect until the end of the session in which the President appointed them. Any law that presumes to tell the President whom he must appoint is unconstitutional.

On November 13, 2019, the same day the Senate recessed until the 16th of November, Chad Wolf assumed the title of Acting Secretary and Kenneth Cuccinelli was appointed as the Senior Official Performing the Duties of Deputy Secretary of Homeland Security (Deputy Secretary). That means both can hold those positions, without Senate confirmation, until January 3, 2021. On January 4, 2021 a new session begins and they must depart those positions.

Neither Wolf nor Cuccinelli were appointed during a Senate recess.

Both were installed (illegally) in Acting positions.

 

[Glitch]

Neither Wolf nor Cuccinelli were appointed during a Senate recess.

Of course they were. The Senate recessed November 13, 2019. Both Chad Wolf and Kenneth Cuccinelli were appointed that same day. Check the Senate calendar yourself.

 

[TheDoctorWasIn]

Of course they were. The Senate recessed November 13, 2019. Both Chad Wolf and Kenneth Cuccinelli were appointed that same day. Check the Senate calendar yourself.

I think you might want to check the Senate Calander. The Senate did not recess on the 13th.

Not to mention, the Supreme Court has already ruled that for the President to use recess appointments, the appointment can only occur after the Senate has recessed for at least 10 days.

 

[Glitch]

I think you might want to check the Senate Calander. The Senate did not recess on the 13th.

Not to mention, the Supreme Court has already ruled that for the President to use recess appointments, the appointment can only occur after the Senate has recessed for at least 10 days.

Don't be silly, there is no Supreme Court requirement, and the Senate was in recess. It doesn't matter if the Senate recesses for an hour, a day, a week, or a month, the instant they adjourn the President may make any appointment he likes, without Senate confirmation, and they may remain in the position the President put them until the end of the existing session. No law can determine who the President may appoint to any position, and the Supreme Court may not add requirements when the US Constitution does not.

 

[TheDoctorWasIn]

Don't be silly, there is no Supreme Court requirement, and the Senate was in recess. It doesn't matter if the Senate recesses for an hour, a day, a week, or a month, the instant they adjourn the President may make any appointment he likes, without Senate confirmation, and they may remain in the position the President put them until the end of the existing session. No law can determine who the President may appoint to any position, and the Supreme Court may not add requirements when the US Constitution does not.

Of course there is - and I have no doubt that you fully supported that SCOTUS decision at the time, because it was against Obama.

 

[PNW Guy]

Of course there is - and I have no doubt that you fully supported that SCOTUS decision at the time, because it was against Obama.

Partisan hacks will hack!

 

[Glitch]

Of course there is - and I have no doubt that you fully supported that SCOTUS decision at the time, because it was against Obama.

Then post their decision.

It doesn't exist because the Supreme Court isn't as stupid as you make them out to be. They know they cannot alter the US Constitution by adding additional requirements the US Constitution does not include. That would be incredibly stupid, just like the idiot who proposed that they could do such a thing.

 

[TheDoctorWasIn]

Then post their decision.

It doesn't exist because the Supreme Court isn't as stupid as you make them out to be. They know they cannot alter the US Constitution by adding additional requirements the US Constitution does not include. That would be incredibly stupid, just like the idiot who proposed that they could do such a thing.

Nat’l Labor Relations Bd. v. Noel Canning, 134 S. Ct. 2550 (2014).

Nat'l Labor Relations Bd. v. Canning :: 573 U.S. 513 (2014) :: Justia US Supreme Court Center

 

[BlueTex]

There won't be a law suit, and the US Constitution supersedes all laws.

Sure there will be.... and EVERY act they have implemented while serving will be reversed.... You see, federal court isn't fantasy court...

 

[ultmd]

Consider the source.

It is the President that determines who fills any vacancies that occur when the Senate is in recess. Not the GAO, and most certainly not Congress. Article II, Section 2, Clause 3 of the US Constitution makes that crystal clear.



As long as the appointment was made while the Senate was in recess, then the President can make ANY appointment he desires which shall remain in effect until the end of the session in which the President appointed them. Any law that presumes to tell the President whom he must appoint is unconstitutional.

On November 13, 2019, the same day the Senate recessed until the 16th of November, Chad Wolf assumed the title of Acting Secretary and Kenneth Cuccinelli was appointed as the Senior Official Performing the Duties of Deputy Secretary of Homeland Security (Deputy Secretary). That means both can hold those positions, without Senate confirmation, until January 3, 2021. On January 4, 2021 a new session begins and they must depart those positions.

Utter nonsense, Glitch.

READ the GAO report, for Pete's sake. Why don't you people ever READ before you open your mouths (or type)? Geez...

From PAGE 1 (for Pete's sake!) of the GAO Report:

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.

Neither Wolf,, nor Cuccinelli were appropriately installed at DHS at the time then-Secretary (Nielson) resigned her position. Therefore, neither was officially in the line of succession (as required by statute). Therefore both of their appointments were not valid.

Sorry, facts win. You lose, again.

Next time....READ, before opining.

 

[CaughtInThe]

Sure there will be.... and EVERY act they have implemented while serving will be reversed.... You see, federal court isn't fantasy court...

what stupid things have these two Trump guys done?

 

[ultmd]

Then they should have no problem winning a lawsuit... Is their appointment legal under the Vacancies Reform Act?

No, it's not. It's clearly not.

The GAO Report clearly spells that out.

Glitch doesn't understand that, because he doesn't read.

 

[BlueTex]

what stupid things have these two Trump guys done?

Here is a start...

Cuccinelli's appointment violated a statute that governs how most federal vacancies are filled, according to the ruling. As a result, the judge invalidated a set of US asylum policies for the asylum seekers who are part of the case.

Judge says Ken Cuccinelli unlawfully appointed to lead US immigration agency - CNNPolitics

 

[CaughtInThe]

Utter nonsense, Glitch.

READ the GAO report, for Pete's sake. Why don't you people ever READ before you open your mouths (or type)? Geez...

From PAGE 1 (for Pete's sake!) of the GAO Report:

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.

Neither Wolf,, nor Cuccinelli were appropriately installed at DHS at the time then-Secretary (Nielson) resigned her position. Therefore, both of their appointments were not valid.

Sorry, facts win. You lose, again.

Next time....READ, before opining.

i have a theory that a ton of current day Republicans are massively ADD and thus don't read anything longer than a couple of paragraphs. short, bumper sticker like things are the best way to get to them.

 

[TheDoctorWasIn]

i have a theory that a ton of current day Republicans are massively ADD and thus don't read anything longer than a couple of paragraphs. short, bumper sticker like things are the best way to get to them.

Most of the time, it appears they only read the headline.

 

[BlueTex]

Utter nonsense, Glitch.

READ the GAO report, for Pete's sake. Why don't you people ever READ before you open your mouths (or type)? Geez...

From PAGE 1 (for Pete's sake!) of the GAO Report:

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.

Neither Wolf,, nor Cuccinelli were appropriately installed at DHS at the time then-Secretary (Nielson) resigned her position. Therefore, both of their appointments were not valid.

Sorry, facts win. You lose, again.

Next time....READ, before opining.

But the CONSTITUTION! :2razz:

 

[ultmd]

i have a theory that a ton of current day Republicans are massively ADD and thus don't read anything longer than a couple of paragraphs. short, bumper sticker like things are the best way to get to them.

That's as good as anything I can come up with.

That...or the modern conservative movement really is just an umbrella for thinly-veiled ignorance and white nationalism.

 

[Torus34]

This, like a number of other questions regarding the actions of the present federal administration, will work its way through the courts to a resolution. This poor old country mouse is content to eschew speculation in favor of patience.

Regards, stay safe 'n well. Remember the Big 3: masks, hand washing and physical distancing.

 

[BlueTex]

This, like a number of other questions regarding the actions of the present federal administration, will work its way through the courts to a resolution. This poor old country mouse is content to eschew speculation in favor of patience.

Regards, stay safe 'n well. Remember the Big 3: masks, hand washing and physical distancing.

Cuccinelli already lost round one in March... This is going to destroy their appeal...

 

[Torus34]

Cuccinelli already lost round one in March... This is going to destroy their appeal...

Hi!

Thanks for taking time to reply.

Regards, stay safe 'n well. Remember the Big 3: masks, hand washing and physical distancing.