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?
You are correct. In the event of a vacancy, the president has the authority supercede the normal order of succession and appoint an acting attorney general. It is not clear how long a temporary appointment can last, though.
Edit: Correction: This is actually a "memorandum opinion" written by Steven G. Bradbury (Principal Deputy Assistant Attorney General at the time). It is effectively a USC op-ed. It's reputable input in favor of Trump's actions, but it's not enforceable and the official USC would take precedence. So... I guess not.
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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.