The manner in which the Trump administration has installed Cuccinelli as acting director of the Bureau of Citizenship and Immigration Services may not violate the plain letter of the Federal Vacancies Reform Act. But it can’t be reconciled with the law’s spirit.
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To quote Yogi Berra, “it’s like déjà vu all over again.”
Is Whitaker’s appointment constitutional? Does the president have authority in this case to make an appointment under the FVRA? Does Whitaker have any recusal obligations related to the special counsel’s investigation?
President Trump’s nomination of Robert Wilkie to serve as veterans affairs secretary disqualifies him from continuing to serve as the acting secretary. Does that mean the White House doesn’t understand the Federal Vacancies Reform Act?
Non-Senate confirmed acting positions in the executive branch have begun to meet their 300-day deadline. What now?
How much discretion does the president have when it comes to choosing the next attorney general?