Federal judge rules Ken Cuccinelli unlawfully ran immigration agency

Axios ^ | 3 MAR 2020 | Stef W. Kight

[ManHunter]

A federal district judge in D.C. ruled on Sunday that Ken Cuccinelli’s placement as the acting top official at U.S. Citizenship and Immigration Services (USCIS) violated the Federal Vacancies Reform Act.

Why it matters: Policies that were put in place under Cuccinelli are now void, including a directive that gave asylum-seekers less time to consult with legal counsel before their initial "credible fear" interview with a USCIS officer.

Details: After the resignation of Senate-confirmed USCIS director Lee Cissna, deputy director Mark Koumans automatically assumed the role of acting director because he was designated as the "first assistant" under the Federal Vacancies Reform Act. Nine days later, acting Homeland Secretary Kevin McAleenan appointed Cuccinelli to serve as principal deputy director of USCIS, a position that had not previously existed.

That same day, McAleenan revised the agency's order of succession to designate the newly created position as "first assistant," allowing Cuccinelli to "leapfrog" Koumans to become acting director, per the court opinion.

What they’re saying: “Today's ruling is a big win that confirms Ken Cuccinelli’s installation and service as acting director of USCIS was unlawful. This is both a victory for the rule of law and a significant blow to the Trump administration's xenophobic agenda,” Democracy Forward Executive Director Anne Harkavy said in a statement.

[ManHunter]

Above is the entirety of the article.

I'm sure the judge - one more in a long string of federal district judges who think they run the entire country - would agree with Harkavy's statement. Now, off to SCOTUS...

[escapefromboston]

Just ignore it

[lodi90]

Now, off to SCOTUS...

---

Nope, the DC appellate judges will slow walk this one for months.

[CMailBag]

Just more Obama Resistance judges.

[BipolarBob]

OR Trump could just fire everyone at that agency and start over.

[Andy from Chapel Hill]

In Trump’s second term, he needs to move the HQ of many governmental agencies that generate friction (like DHS) to red states where the appellate courts are MAGA friendly.

[Alas Babylon!]

The Executive branch has a huge nymber of agencies under it. Each one needs a leader. Many of these not only need the President to apooint them but also the Senate to confirm them.

I get that.

But the Executive cannot just let an agency remain leaderless?

The president can name whoever he wants as the “acting” director, meaning the person in charge. The President has a responsibility to continue the agencies role, and should not have to rely on a court’s approval to man an inferior position. Ultimately the President is in charge, via the people’s will as gotten from an election.

Who elected these judges?

This judicial oversight for a position as far down the organizational chart as an acting assistant director versus a acting deputy director is just micromanagement of one branch of government by another.

[2CAVTrooper]

His dishonor Randolph D. Moss

Assumed office
November 14, 2014
Appointed by
Barack Obama

The gift that keeps on giving.

[COBOL2Java]

U.S. District Judge Randolph Moss

Appointed by: Barack Obama

[Rusty0604]

Ditto that.

[yoe]

Federal Judge Randolph Moss, an Obama appointee. Also this was his decision: "... he wrote the memorandum opinion advising that the Department could not indict a sitting president.[5] "The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions."

[Sacajaweau]

I believe there is a law that supercedes the one being used.

[ctdonath2]

Not seeing an explanation of verdict.

[PeterPrinciple]

We are not told the legal reasons. What limited info I could find is there are a lot of regulations and Trump may have missed dotting an i.

We win some and lose some, but we are winning more than we lose. Keep your eyes on the ball. This kept the libs busy while other things were going on.

[thoughtomator]

Unless there was something improper in the re-designation of who the “first assistant” is, this will be overturned on appeal.

[Lion Den Dan]

Has the eyes of a mass shooter.

[L,TOWM]

Ignore it, appeal, and if SCOTUS doesn’t hear or reverse, continue to ignore it...

[GOYAKLA]

https://democracyforward.org/team/anne-harkavy/
****
Democracy Forward Executive Director Anne Harkavy
You knew, without looking!

[House Atreides]

I’ve said it before but that picture clearly LOOKS LIKE ROD ROSENSTEIN’S SISTER WITHOUT THE WIG!

[oil_dude]

I don’t believe any of Obama’s illegal “recess” appointees ever had to step down once identified. I think one of them was appointed to the NLRB, he may still be serving?