Add news
March 2010
April 2010
May 2010June 2010July 2010
August 2010
September 2010October 2010
November 2010
December 2010
January 2011
February 2011March 2011April 2011May 2011June 2011July 2011August 2011September 2011October 2011November 2011December 2011January 2012February 2012March 2012April 2012May 2012June 2012July 2012August 2012September 2012October 2012November 2012December 2012January 2013February 2013March 2013April 2013May 2013June 2013July 2013August 2013September 2013October 2013November 2013December 2013January 2014February 2014March 2014April 2014May 2014June 2014July 2014August 2014September 2014October 2014November 2014December 2014January 2015February 2015March 2015April 2015May 2015June 2015July 2015August 2015September 2015October 2015November 2015December 2015January 2016February 2016March 2016April 2016May 2016June 2016July 2016August 2016September 2016October 2016November 2016December 2016January 2017February 2017March 2017April 2017May 2017June 2017July 2017August 2017September 2017October 2017November 2017December 2017January 2018February 2018March 2018April 2018May 2018June 2018July 2018August 2018September 2018October 2018November 2018December 2018January 2019February 2019March 2019April 2019May 2019June 2019July 2019August 2019September 2019October 2019November 2019December 2019January 2020February 2020March 2020April 2020May 2020June 2020July 2020August 2020September 2020October 2020November 2020
News Every Day |

DHS Attempts Yet Another Feat Of Quantum Bureaucracy To Shore Up Chad Wolf’s Legal Status

After yet another federal judge ruled that the acting secretary of the Department of Homeland Security doesn’t actually hold that position legally, the department tried one more Hail Mary to make its legal problems disappear. 

Acting Secretary Chad Wolf, Judge Nicholas Garaufis wrote Saturday, did not have the authority to place new restrictions on the DACA program because of issues with his own legal status as the leader of DHS.

As Garaufis determined — echoing other federal judges and the Government Accountability Office before him — Wolf has never actually legally held the “acting DHS secretary” role because of a clumsy error by the administration. 

In essence, Wolf’s predecessor’s predecessor, Kirstjen Nielsen, screwed up the paperwork designating a succession order before she resigned from her role in 2019. As a result, the acting DHS secretary that took Nielsen’s place, Kevin McAleenan, wasn’t legally appointed, nor was Wolf after him. 

That means countless rules that Wolf has implemented now face renewed legal scrutiny, including the DACA memo that the court addressed on Saturday.

On Tuesday, DHS announced a surreal legal fix that the department says solves all of Wolf’s problems — a maneuver to “re-confirm” Wolf’s status as acting DHS secretary. The Department tried something similar earlier this year; at the time, TPM called it “Schrödinger’s DHS Secretary.” 

Here’s how it works, according to DHS: On Sept. 10, when President Trump formally nominated acting DHS Secretary Wolf to become Senate-confirmed DHS Secretary Wolf, FEMA Secretary Pete Gaynor hypothetically took over as acting DHS secretary.

Two months after that, on Saturday, Gaynor “exercised any authority of the position of Acting Secretary that he had to designate an order of succession.” 

As part of his duties as Quantum DHS Secretary, Gaynor reissued a revised succession order putting Wolf ahead of himself for the acting secretary job.

“Once Mr. Gaynor’s order was executed, it superseded any authority Mr. Gaynor may have had under the Federal Vacancy Reform Act and confirmed Acting Secretary Wolf’s authority to continue to serve as the Acting Secretary,” DHS said. 

And, “out of an abundance of caution,” after he was re-made the acting DHS secretary, Wolf ratified his own past actions, as well as some of McAleenan’s

It’s not at all clear that the latest DHS clean-up effort will work. 

For starters, when the Department tried what was essentially the same maneuver in September, on the day that Trump formally nominated Wolf to become the Senate-confirmed secretary, they didn’t do it correctly. As government lawyers acknowledged on Friday, the feds appeared to have screwed up their timing, accidentally issuing the “Gaynor Order” around an hour before Wolf’s nomination was formally submitted to the Senate. 

As Wolf noted in a footnote of the document he signed this weekend, Gaynor released the re-done order on Saturday “out of caution, due to uncertainties related to the timing of the signing of that order on the date of my nomination to the U.S. Senate.”

What’s more, as Judge Garaufis pointed out Saturday, DHS hasn’t submitted any notice to Congress about Gaynor serving as the acting DHS secretary. And while there is still no indication that Gaynor has ever been empowered by DHS to exercise the powers of the acting secretary, he wrote, “there is every indication to the contrary.” 

“Even if Administrator Gaynor should be Acting Secretary, DHS cannot recognize his authority only for the sham purpose of abdicating his authority to DHS’s preferred choice, and only in the alternative,” the judge added.

This sort of bureaucratic time travel is unusual and complicated, as Garaufis acknowledged in a footnote. 

“The court wishes the Government well,” he said, “in trying to find its way out of this self-made thicket.”




Read also

Black Friday online shopping on track to hit record as holiday shoppers skip stores

New plan to support families of martyrs and war invalids

Wigan Warriors • Game Management - Still work to do from 2015?



News, articles, comments, with a minute-by-minute update, now on Today24.pro




Today24.pro — latest news 24/7. You can add your news instantly now — here