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chrisgeidner's profile
Chris Geidner
Chris Geidner
Chris Geidner
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@chrisgeidner

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Chris GeidnerVerified account

@chrisgeidner

Legal Editor, @BuzzFeedNews. SCOTUS Correspondent. Nat Sec Team, covering Trump & Mueller. Sober. Gay. Buckeye. Law Dork. DMs open. chris.geidner@buzzfeed.com

Washington, D.C.
buzzfeednews.com/author/chrisge…
Joined March 2009

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    Chris Geidner‏Verified account @chrisgeidner Sep 24

    SO. I hear people are curious about the Federal Vacancies Reform Act of 1998 this morning. Here's a thread.

    8:29 AM - 24 Sep 2018
    • 363 Retweets
    • 662 Likes
    • P S Elaine Ina Hindin Harold #maga Lynette Agueda DR Hoctor RemindsYouAboutMerrickGarland Donna Longo Striking Bright Angela Hackney 🌊❄️🌈
    19 replies 363 retweets 662 likes
      1. New conversation
      2. Chris Geidner‏Verified account @chrisgeidner Sep 24

        We've had a few times already this administration where the Vacancies Reform Act has mattered. Remember Sally Yates? The summer talk about Sessions? Rich Cordray and the CFPB? Shulkin and the VA?

        3 replies 36 retweets 119 likes
        Show this thread
      3. Chris Geidner‏Verified account @chrisgeidner Sep 24

        The law is an attempt to keep government offices running smoothly when an important office is vacant, and it is found in 5 USC 3345 —>https://www.law.cornell.edu/uscode/text/5/3345 …

        2 replies 35 retweets 100 likes
        Show this thread
      4. Chris Geidner‏Verified account @chrisgeidner Sep 24

        In the case of the Justice Department, a presidential executive order setting forth the order of succession at DOJ has been issued —>https://www.whitehouse.gov/presidential-actions/presidential-executive-order-providing-order-succession-within-department-justice/ …

        4 replies 38 retweets 71 likes
        Show this thread
      5. Chris Geidner‏Verified account @chrisgeidner Sep 24

        There also is a statute about who takes over at DOJ to handle the "duties of the office of Attorney General" in certain circumstances: https://www.law.cornell.edu/uscode/text/28/508 …pic.twitter.com/airEJsFaT7

        3 replies 50 retweets 87 likes
        Show this thread
      6. Chris Geidner‏Verified account @chrisgeidner Sep 24

        Under *that* law, the AG can set his or her *own* order of succession. Former AG Lynch had an order in place, which DOJ previously told us Sessions did not alter. https://assets.documentcloud.org/documents/4361252/DOJ-Succession-Memo.pdf …pic.twitter.com/UywPSREAx9

        2 replies 47 retweets 89 likes
        Show this thread
      7. Chris Geidner‏Verified account @chrisgeidner Sep 24

        Wait, though, how can there be two laws controlling what appears to be the same thing? Because there are! And DOJ's Office of Legal Counsel previously said that's cool. https://www.justice.gov/sites/default/files/olc/opinions/attachments/2015/06/01/op-olc-v031-p0208.pdf …pic.twitter.com/IHmPstYduX

        2 replies 38 retweets 87 likes
        Show this thread
      8. Chris Geidner‏Verified account @chrisgeidner Sep 24

        The big difference between the two options is that Trump would have the ability to appoint someone to serve as acting deputy attorney general under the FVRA. The other law, meanwhile, just sets forth a list of people who can serve.

        2 replies 19 retweets 57 likes
        Show this thread
      9. Chris Geidner‏Verified account @chrisgeidner Sep 24

        One big question people are asking today is about whether the FVRA applies when a person is fired. Back when the law went into effect, OLC acknowledged the law was not clear, but suggested that firing was intended to be covered. https://www.justice.gov/sites/default/files/olc/opinions/1999/03/31/op-olc-v023-p0060_0.pdf …pic.twitter.com/5vaM1H9wtX

        2 replies 23 retweets 49 likes
        Show this thread
      10. Chris Geidner‏Verified account @chrisgeidner Sep 24

        There is some debate on this point, and it became an issue when Shulkin left the VA. Here are two stories about that: https://www.politico.com/story/2018/03/31/did-shulkin-get-fired-or-resign-veterans-492877 … /https://www.lawfareblog.com/federal-vacancies-reform-act-and-va-study-uncertainty-and-incompetence …

        0 replies 22 retweets 44 likes
        Show this thread
      11. Chris Geidner‏Verified account @chrisgeidner Sep 24

        The other issue here is that, due to Sessions' recusal, both laws could be applicable. If Rosenstein resigns or is fired, DOJ has said previously that an "acting" DAG would not take over for matters in which the AG is recused.

        1 reply 15 retweets 34 likes
        Show this thread
      12. Chris Geidner‏Verified account @chrisgeidner Sep 24

        As such, either 508 would control, or the FVRA could apply to most of Rosenstein's duties (if Trump chose an acting DAG) and 508 would apply to recused matters.

        0 replies 13 retweets 25 likes
        Show this thread
      13. Chris Geidner‏Verified account @chrisgeidner Sep 24

        For a look on who Trump could choose as acting DAG under the FVRA — and it's a big group — see this story from me and @jsvine (about Sessions, but, still within DOJ) —>https://www.buzzfeednews.com/article/chrisgeidner/a-cast-of-thousands-of-possible-acting-ags …

        2 replies 16 retweets 32 likes
        Show this thread
      14. End of conversation
      1. New conversation
      2. Jay Willis‏Verified account @jaywillis Sep 24
        Replying to @chrisgeidner

        GIVE US THE GOOD SHIT CHRIS

        2 replies 0 retweets 49 likes
      3. Jay Willis‏Verified account @jaywillis Sep 24
        Replying to @jaywillis @chrisgeidner

        the purported distinction between resignation and termination under a boring 20-year-old federal law is the hottest topic of the day, what a time to be alive

        1 reply 28 retweets 132 likes
      4. Ira Goldman  🦆 🦆 🦆‏ @KDbyProxy Sep 24
        Replying to @jaywillis @chrisgeidner

        And yet, funny that people who often point to OLC opinions for authoritative takes in this case seem happy to put aside OLC opinions. And legislative history. In other words, this isn't a bottom-line issue – at least not as to SCO. YMMV.

        1 reply 0 retweets 5 likes
      5. Ira Goldman  🦆 🦆 🦆‏ @KDbyProxy Sep 24
        Replying to @KDbyProxy @jaywillis @chrisgeidner

        Ira Goldman  🦆 🦆 🦆 Retweeted Ira Goldman  🦆 🦆 🦆

        And there's this from Senator Thompson...https://twitter.com/KDbyProxy/status/974339478516064257 …

        Ira Goldman  🦆 🦆 🦆 added,

        Ira Goldman  🦆 🦆 🦆 @KDbyProxy
        Replying to @KDbyProxy
        And as cited by OLC: During Senate debate, the bill's sponsor & chairman of the committee that reported the bill, Fred Thompson, stated explicitly that the wording of the FCRA was specifically crafted to include vacancies resulting from an official having been fired... 10/ pic.twitter.com/9cPPGiqwzR
        0 replies 1 retweet 6 likes
      6. End of conversation
      1. New conversation
      2. Vote Nov. 6th (Marie)‏ @Cuprikorn66 Sep 24
        Replying to @chrisgeidner

        @threadreaderapp ''unroll'', please.

        1 reply 0 retweets 3 likes
      3. Thread Reader App‏ @threadreaderapp Sep 24
        Replying to @Cuprikorn66

        Hallo the unroll you asked for: Thread by @chrisgeidner: "SO. I hear people are curious about the Federal Vacancies Reform Act of 1998 this morning. Here's a thread. We've had a […]" https://threadreaderapp.com/thread/1044247507423907840.html … Talk to you soon. 🤖

        0 replies 10 retweets 7 likes
      4. End of conversation
      1. Scott Bixby‏Verified account @scottbix Sep 24
        Replying to @chrisgeidner

        pic.twitter.com/JVHa6Vbmit

        0 replies 1 retweet 40 likes
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      1. Will James‏ @rainmaker567 Sep 24
        Replying to @chrisgeidner

        I understand it doesnt apply if the appointed officer is fired, thus if R makes the WH fire him trump cant put his guy in

        0 replies 2 retweets 18 likes
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