Gupta has been very careful to sign court documents—such as the city of Ferguson, Missouri, consent decree—only as the “principal deputy.” But that does not change the fact that she was officially named as the “acting assistant attorney general.” Such tactics don’t get her around the limitations in the Federal Vacancies Reform Act. Thus, every action Gupta has taken since May 13, 2015, may have been of “no force or effect.”
This opinion piece was written by a senior legal fellow in the Heritage Foundation. I would trust his legal opinion.