>>10284622
>The internal watchdog group is claiming Trump overstepped his powers his appointing Wolf and Cuccinelli because the former fired director, Kristen Neilsen had already predetermined an order of succession?
http://cdn.cnn.com/cnn/2020/images/08/14/dhs.acting.secretary.decision.final.pdf
from report page 8:
The first previously confirmed official in the order of succession in E.O. 13753 was
the Director of CISA.11 However, instead of following the order of succession in E.O.
13753, DHS applied the one in Annex A. If DHS had invoked the April Delegation
due to the Secretary’s unavailability to act during a disaster or catastrophic
emergency, then Mr. McAleenan would have been the designated official. However,
here the vacancy was due to Secretary Nielsen’s resignation. Accordingly, under
the express terms of Delegation 00106, the incorrect individual assumed the position
of Acting Secretary.
In its response to us, DHS stated that Secretary Nielsen used the authority provided
by HSA to establish an order of succession with Mr. McAleenan’s position—the
Commissioner of Customs and Border Protection—as next in the order of
succession, after the positions of Deputy Secretary and Under Secretary for
Management. Response Letter. DHS further stated that the order of succession
was not governed by E.O. 13753 because the executive order was superseded
when the Secretary established an order of succession pursuant to HSA. Id.
DHS asserted that the direction from the Secretary to change the order of
succession applied to any vacancy in the position of the Secretary. In support, DHS
provided a memorandum from the DHS General Counsel to Secretary Nielsen.
Memorandum from General Counsel, DHS, to Secretary of Homeland Security (Apr.
9, 2019) (Memorandum).
The Memorandum included the revised order of succession for Annex A which
provides:
“By the authority vested in me as Secretary of Homeland Security,
including [HSA], 6 U.S.C. § 113(g)(2), I hereby designate the order of
succession for the Secretary of Homeland Security as follows: Annex
A of . . . Delegation No. 00106, is hereby amended by striking the text
of such Annex in its entirety and inserting the following in lieu thereof.”
Id. This Memorandum includes additional text from the then-General Counsel
summarizing Secretary Nielsen’s desire to “designate certain officers of [DHS] in
order of succession to serve as Acting Secretary,” and that “[b]y approving the
attached document, you will designate your desired order of succession for the
Secretary . . . in accordance with your authority pursuant to [HSA].” Id. A discussion
section in this memorandum was redacted before DHS provided it to us.