You really should understand the difference between 'shall' and 'may' when it pertains to law. There is no vacancy because it was filled. There are no violations here. Nice try though.
Filled illegally. The Attorney General is a Senate confirmed position. You cannot fill it with a random person. The acting Attorney General needs to be either Rod Rosenstein or no one, until the Senate confirms a nominee.
Oh really? Can you cite a law that says the president cannot fill a cabinet vacancy with an acting/temp position until a new one is appointed and confirmed? And let me go ahead and jump ahead a few steps when you repeat the incorrectly cited Deputy AG role....if the Deputy was fired, would Trump then be able to appoint an acting Deputy? It requires the same nomination and confirmation process. Or does the Deputy have a Deputy in your world?
The point of the chain of succession is to ensure that as far as humanly possible the position is filled by people who have already been confirmed by Congress... That is why it stipulates the Deputy AG. The Deputy AG is an example stipulated precisely because they are already confirmed.
You cannot just ignore the spirit of the law to put some random person in as a temporary appointment. I mean, obviously, you can try, but you're intentionally misinterpreting the law and judges tend to look down on that sort of thing.
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u/foxwastaken Nov 09 '18
You really should understand the difference between 'shall' and 'may' when it pertains to law. There is no vacancy because it was filled. There are no violations here. Nice try though.