SO. I hear people are curious about the Federal Vacancies Reform Act of 1998 this morning. Here's a thread.
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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 …
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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.
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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.
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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 …Show this thread
End of conversation
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Hey Chris. I have a question. What happens in the situation where a public official is fired, and that serves as the act leading to a vacancy, but that action is under investigation as obstruct of justice by the person taking said action?pic.twitter.com/ig1r4AR3Gn
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It seems these guidelines need to be updated and solidified to prevent obstruction.
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