The White House Presidential Personnel Office has reportedly told Donald Trump that both of his rumored top picks to head the Department of Homeland Security are ineligible for the job, according to The Wall Street Journal.
Both men, acting Customs and Border Protection commissioner Mark Morgan and acting U.S. Citizenship and Immigration Services director Ken Cuccinelli, have been shamelessly auditioning for the job on cable news and on Twitter, but The Wall Street Journal reports that the White House personnel office said both men “aren’t eligible under a federal law dictating who can fill the role without Senate confirmation.”
”Both men are serving on an acting basis, and neither has been nominated by Mr. Trump for permanent roles, which would require Senate confirmation. Sean Doocey, head of the White House Presidential Personnel Office, informed the president that, as a result, neither man is eligible to be elevated to the Department’s top job on an acting basis, according to the people.”
But, hey, a lawsuit filed in September argues that Cuccinelli was already unlawfully appointed to his current gig, so this lawless president may throw all of that into the wind and just do whatever the hell he wants anyway. “Trump could still ignore the advice from staff,” Politico reported, “and name Cuccinelli or Morgan as an acting secretary or consider them for permanent job if he chooses to nominate someone.”
A pick could be named within the next few days. Also being considered is ex-Homeland Security Secretary Kirstjen Nielsen’s former chief of staff, Chad Wolf. Stephen Miler “is said to be supportive of Mr. Wolf’s appointment,” so no matter which way the decision goes, cruelty will win. It’s just a matter of how much norm-breaking and lawlessness Trump is in the mood for on that particular day.