>>>3960618 ; >>3960747 3 Dem. Senators file lawsuit attempting to stop Whitaker from serving as AAG

LawFags, DigAnons, HiIqAnons:

Considering Whitaker served in the office of the AG as chief of staff…does this apply in defense of POTUS appointment of Whitaker?

Guidance on Application of Federal Vacancies Reform Act of 1998 PDF related:

Q14

Are there limitations on the ability of a first assistant to serve in an acting capacity?

Answer.

In addition to the time limit on the length of service of an acting officer, see Q23, the Vacancies Reform Act also limits a first assistant’s ability to be the nominee for the office and, at the same time, to continue to serve as the acting officer for that office. If the President nominates the first assistant for the vacant office, the first assistant may continue to serve as the acting officer for that position only if (1) the first assistant served as first assistant for at least ninety days (they need not be consecutive days) during the 365-day period that preceded the beginning of the vacancy, or (2) the office of first assistant is itself a PAS position and the Senate approved the appointment of that first assistant to the first assistant’s position. 5 U.S.C. § 3345(b).

Also related, The Vacancies Act A - Legal Overview pdf:

The Vacancies Act limits a government employee’s ability to serve as an acting officer in two primary ways. First, theVacancies Act provides that only three classes of people may serve temporarily in an advice and consent position. As a default rule, the first assistant to a position automatically becomes the acting officer. Alternatively, the President may direct either a senior official of that agency or a person serving in any other advice and consent position to serve as the acting officer. Second, the Vacancies Act limits the length of time a person may serve as acting officer: a person may serve either (1) for a limited time period running from the date that the vacancy occurred or (2)during the pendency of a nomination to that office.The Vacancies Act is primarily enforced when a person who has been injured by an agency’s action challenges the action based on the theory that it was taken in contravention of the Act.