Generally yes.
Executive Orders give the President the ability to set Administrative Rules for the Executive Department. Simply “all employees come in a 9AM and leave at 5PM”. They are used to give the President Executive power over his workers. They are used for much more complicated issues as well. They are not “Law” and can be changed at any time by any President.
Treaties (approved by the Senate) and Law, created and approved by both houses of congress are more durable. Across administrations and cannot be easily changed except by Congressional Amendments to the laws and re-signature by the Executive.
In this pretty clear field we throw the little “grenade”.
There is a tradition thought history of something called the “De Facto Officer Doctrine”. Generally upheld for centuries.
From the Web:
De Facto Officer refers to an officer holding a colorable right or title to the office accompanied by possession. The lawful acts of an officer de facto, so far as the rights of third persons are concerned, when done within the scope and by the apparent authority of office, are valid and binding.
The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person’s appointment or election to office is deficient.
So, it is not possible to “Throw Out” anything an Officer of a nation has done, If he was honestly working for the good of his office.
Well, very interesting. Thank you for your perspective on the law. I think it’s about time America got back to the rule of law. It’s being trampled on daily by our current federal government.
But he wasn't. He was lying and committed crimes to get to the office illegally, and many others did as well.