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President Trump Quietly Issued Another Executive Order – This One Concerning the Military
GP ^ | December 13 2020 | Joe Hoft
Posted on 12/13/2020, 8:03:02 PM by White Lives Matter
We heard last week that the President issued an Executive Order concerning Christmas Eve but there was another Executive Order concerning the Military that he also sneaked through.
President Trump’s Executive Orders (EO’s) have been in the news lately. One EO relates to foreign interference in the elections which was renewed in September after being first issued in September 2018. This EO mandates that the DNI – currently John Ratcliffe – produce a report on foreign intervention in the 2020 election within 45 days of the election. This equates to December 18.
....... Snip.......
Another EO that was signed a couple of days ago on the 13th related to succession of the military. This EO lists the order of succession of the military should the Secretary of Defense die, resign or be unable to perform his duties. The one notable in this EO is that the Chairman of the Joint Chief of Staffs, General Mark Milley, is not on the list.
None of the Secs of defense were on the list - like Sec of Army, Navy, Air Force, etc.
Here’s the entire EO, and hopefully smart people will explain anything unusual about it. I know it was somewhat discussed a few days ago.
Executive Order on Providing an Order of Succession within the Department of Defense
Issued on: December 10, 2020
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq., it is hereby ordered as follows:
Section 1. Order of Succession. (a) Subject to the provisions of section 2 of this order, the following officials of the Department of Defense, in the order listed, shall act as and perform the functions and duties of the office of the Secretary of Defense (Secretary) during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of the Secretary, until such time as the Secretary is able to perform the functions and duties of that office:
(i) Deputy Secretary of Defense;
(ii) Secretaries of the Military Departments;
(iii) Under Secretary of Defense for Policy;
(iv) Under Secretary of Defense for Intelligence and Security;
(v) Chief Management Officer of the Department of Defense;
(vi) Under Secretary of Defense for Acquisition and Sustainment;
(vii) Under Secretary of Defense for Research and Engineering;
(viii) Under Secretary of Defense (Comptroller);
(ix) Under Secretary of Defense for Personnel and Readiness;
(x) Deputy Under Secretary of Defense for Policy;
(xi) Deputy Under Secretary of Defense for Intelligence and Security;
(xii) Deputy Under Secretary of Defense for Acquisition and Sustainment;
(xiii) Deputy Under Secretary of Defense for Research and Engineering;
(xiv) Deputy Under Secretary of Defense (Comptroller);
(xv) Deputy Under Secretary of Defense for Personnel and Readiness;
(xvi) General Counsel of the Department of Defense, Assistant Secretaries of Defense, Director of Cost Assessment and Program Evaluation, Director of Operational Test and Evaluation, and Chief Information Officer of the Department of Defense;
(xvii) Under Secretaries of the Military Departments; and
(xviii) Assistant Secretaries of the Military Departments and General Counsels of the Military Departments.
(b) Precedence among officers designated within the same paragraph of subsection (a) of this section shall be determined by the order in which they have been appointed to such office. Where officers designated within the same paragraph of subsection (a) of this section have the same appointment date, precedence shall be determined by the order in which they have taken the oath to serve in that office.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a) of this order in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this order.
(b) No individual listed in section l(a) of this order shall act as Secretary unless that individual was appointed to an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, and that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998, as amended.
(c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an Acting Secretary.
Sec. 3. Revocation. Executive Order 13533 of March 1, 2010 (Providing an Order of Succession Within the Department of Defense), is hereby revoked.
Sec. 4. General Provision. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
December 10, 2020.