How do I know he's right? Because he agrees with Clarence Thomas on this point. Thomas has been clear about this for a long time: the appointment of an "acting" cabinet member without Senate confirmation is an end-run around the Senate confirmation requirement.
What?? Are seriously claiming potus cannot appoint a temporary AG to the position until a confirmation process takes place for either that person or someone else?
Am I wrong in believing the temporary appt is somehow limited to a certain time period.
You also are saying the potus cannot make recess appts for positions requiring Congressional approval.
That's true, but it has been shown that Senate approval for ANY previous job is allowed when rearranging responsibilities in the administration. Whittaker was indeed approved by the Senate for his job as Assistant attorney General for Iowa.
” the appointment of an “acting” cabinet member without Senate confirmation is an end-run around the Senate confirmation requirement. “
No, it’s not. Read Andrew McCarthy on it:
https://www.nationalreview.com/2018/11/matthew-whittaker-jeff-sessions-replacement-excellent-choice/
” The president has named him as acting attorney general under the Vacancies Reform Act of 1998 (the relevant provisions are codified at Sections 3345 and 3346 of Title 5, U.S. Code). There has been some commentary suggesting that because Whitaker was in a job (chief of staff) that did not require Senate confirmation, he could not become the “acting officer” in a position (AG) that calls for Senate confirmation. Not so. The Vacancies Act enables the president to name an acting officer, who may serve as such for 210 days, as long as the person named has been working at the agency or department for at least 90 days in a fairly high-ranking position. Whitaker qualifies.”
I believe the line of succession for an AG resignation is that the “Chief of Staff” is to be made “Interim AG” and that is what has happened here? Nappy is blowing progressive smoke.
The President can appoint anyone he wants. Congress is in recess. A recess appointment must be confirmed by the Senate by the end of the next session of Congress, or the appointment expires. In current practice, this means that a recess appointment must be approved by roughly the end of the next calendar year, and thus could last for almost two years.
Talk about uninformed.
Read the Vacancy Act, fool.