Keyword is "may". You dont just write a letter saying something like this without knowing its true. Its a clear attempt to go againts Trump again by the democrats
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.