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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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    1. 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.

      19 replies 363 retweets 662 likes
      Show this thread
    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
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    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
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    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
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    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
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    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
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    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
      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

      9:14 AM - 24 Sep 2018
      • 23 Retweets
      • 49 Likes
      • I 💕 rescue dogs 🐶🐕 & @SpicyFiles 🌊✌☕🐝 Nana Durglishvili Laura Fain heidi (e/o) elizabeth 🇮🇹🇪🇺 nope🙈🙉🙊 JohnBagnose William Freeland LadyLiberty 🗽🗽🗽🗽 Rory Marcus ✨
      2 replies 23 retweets 49 likes
        1. New conversation
        2. 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
        3. 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
        4. 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
        5. 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
        6. End of conversation
        1. D2C_IA‏ @Deaf2Cheka Sep 24
          Replying to @chrisgeidner

          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

          0 replies 0 retweets 0 likes
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        1. Aching Dad‏ @codeaiwi Sep 24
          Replying to @chrisgeidner

          It seems these guidelines need to be updated and solidified to prevent obstruction.

          0 replies 0 retweets 0 likes
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