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Thursday, January 31, 2019 2:46:49 PM
Under Federal Vacancy Reform Act (1998), seems legit. Under HERA (2008), questionable (I think). And the administration takes issue with the "next in line Deputy" framework because the Appointments Clause of the Constitution requires Senate confirmation for these positions.
Otting used "Presidential-appointed" in his letter to Waters/Brown, so he's rolling with it.
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