woodguru wrote:
Whitaker was an ill conceived move in too many ways to count. Already it looks like there will be a challenge to standing as a legal replacement for Sessions as a litigant in a federal case.
Nice Move Trump, note to self, do not play chess with Putin...not that that would ever happen.
The Federal Vacancies Reform Act of 1998P.L. 105-277
SEC. 151. FEDERAL VACANCIES AND APPOINTMENTS.
(a) SHORT TITLE.-This section may be cited as the "Federal Vacancies Reform Act of 1998".
(b) IN GENERAL.-Chapter 33 of title 5, United States Code, is amended by striking sections 3345 through 3349 and inserting the following:
§3345. Acting officer
(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office-
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346; (Whitaker was "the first assistant" to AG Sessions, he was his Chief of Staff.)(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346:
§3346. Time limitation
(a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office
(1) for no longer than 210 days beginning on the date the vacancy occurs; or
(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
(b) (1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.
(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve
(A) until the second nomination is confirmed; or
(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
(c) If a vacancy occurs during an adjournment of the Congress sine die, the 210¬day period under subsection (a) shall begin on the date that the Senate first reconvenes.