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Re: observer21 post# 500433

Thursday, 01/31/2019 2:46:49 PM

Thursday, January 31, 2019 2:46:49 PM

Post# of 798691
I've been struggling with this for a few days and can't get a straight answer.

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.