Two top officials from the Homeland Security Department (DHS), including the acting secretary, were illegally appointed to their positions, according to a report from the Government Accountability Office (GAO) released Friday.
The GAO found that acting secretary Chad WolfChad WolfFederal agencies seize, remove cryptocurrency campaigns from major terrorist organizations First Chamber Democrats demand answers to migrants with child abuse during pandemic Watch live: Acting DHS chief testifies over federal agents’ commitment to protests MORE and Acting Deputy Secretary Ken Cuccinelli are technically unfit to serve on the basis of their wrongful appointment. The agency did not check the legality of their orders while they were doing wrong in the positions.
The problem with the appointments of the two officials comes from when former secretary of DHS Kirstjen Nielsen
Kirstjen Michele NielsenTrump’s Acting ICE Chief to Leave Trump’s Fight with City Leaders Escalates Neo-Nazi pleads guilty to ‘blacks’ Black church, cabinet official, journalists MORE resigned in April 2019 and was replaced by Kevin McAleenan, who previously had the lead over Customs and Border Patrol.
McAleenan was not appointed in the order of succession to replace Nielsen, GAO found, and therefore could not legally change the order of succession at DHS.
“Hence, Ms. Wolf and Cuccinelli were named after their respective positions of Acting Secretary and Senior Officer performing the duties of Deputy Secretary by reference to an invalid order of succession,” the GAO report states.
The GAO did not wait for the “consequences” of the term of office of McAleenan, Wolf or Cuccinelli, and referred those issues to the DHS office of Inspector General. The report’s findings are not legally binding, but they are likely to be used in legal challenges for DHS’s actions since Wolf took over as acting head of the agency last November.
Democrats reviewed the GAO report, questioning the actions of Wolf and Cuccinelli in doubt over immigration and on Protestants in recent months.
Reps. Bennie Thompson
Bennie Gordon ThompsonProgressive co-chair of Caucus: Reporting change of oversight in intelligence office ‘seems a bit … fascist’ House lawmakers to launch probe into DHS except NY’s Trusted Traveler Program Cuomo says Wolf, Cuccinelli took the oath of office and should be investigated MORE (D-Miss.) En Carolyn Maloney
Carolyn Bosher MaloneyTrump says he would sign USPS for legislation, but will not seek changes to help send mail 175 members of Congress call postmaster general to reverse changes, reorganization ahead of elections The Hill’s Campaign Report: Biden, Harris make first public appearance running mates MORE (DN.Y.), the respective chairmen of the House Committees on Homeland Security and Government Oversight, called on Wolf to resign as acting head of DHS and for Cuccinelli, who never confirmed the First Chamber got, to resign.
“The GAO’s damning opinion paints a distasteful picture of the Trump administration playing fast and loose by circumventing the First Chamber’s confirmation process to install ideologues,” lawmakers said in a statement.
“At a time when DHS must march the federal government’s resources to respond to the pandemic that has killed more than 165,000 Americans, the department’s illegally appointed leaders are instead focused on continuing the attack. of the administration on immigrants and intimidating peaceful Protestants in a show of force for the presidential re-election campaign, “she added.
A federal judge ruled in March that Cuccinelli was illegally appointed to his position as acting director of the U.S. Civil and Immigration Services, invalidating two new policies that would make it harder for newly arrived immigrants to apply for asylum. .
On Thursday, the Trump administration quietly withdrew its appeal from the judge’s decision.
Harper Neidig contributed. Updated at 10:55 p.m.
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