[Magnum44]

end run around a federal law that prohibits Cuccinelli from serving as an acting secretary

What law is this running against?

[JoSixChip]

What law is this running against?

The law that says Trump can only appoint deep state operatives and obamba holdovers.

[stylin19a]

Recent declaration: https://www.dhs.gov/sites/default/files/publications/mgmt/human-resources/mgmt-dir_252-16-order-ceremonial-precedence-dhs-positions_rev-00.pdf

here’s an earlier this year opinion

https://llb2.com/2019/04/10/acting-dhs-secretary-appointment-violates-dhs-succession-act/

then there’s an Obama modification of an E.O. changing order of succession as such:

https://obamawhitehouse.archives.gov/the-press-office/2016/12/09/executive-order-amending-order-succession-department-homeland-security

I believe the Pres. has successfully challenged this type of thing before (Dana Boente for one) under this:

https://www.gsa.gov/governmentwide-initiatives/presidential-transition/legislative-overview/the-federal-vacancies-reform-act-of-1998

[Amendment10]

"What law is this running against?"

The court of public opinion is evidently not entitled to make judgements about this law any more than why PDJT is the target of politically correct impeachment. (Hint: PDJT won the Oval Office in 2016.)

[CharlesWayneCT]

For positions that require senate approval, you can only appoint as acting leads people who were previously confirmed for a position, which Ken was not.

Trump should just nominate him and let the senate reject him if that is what they will do. He shouldn’t do an end-run around the confirmation process, instead he should use it in his campaign.