Just to clear up confusion over DOJ succession, @JessePanuccioFL becomes Acting Associate AG under § 508(a)(1), but he’s not Senate-confirmed, which means he’s not in the line of succession for either AG or Deputy AG. That’s why Noel Francisco (the SG) is now third in that line.
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Replying to @steve_vladeck @JessePanuccioFL
You sure there’s a 508(a)(1)? https://www.gpo.gov/fdsys/pkg/USCODE-2014-title28/html/USCODE-2014-title28-partII-chap31-sec508.htm …
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Replying to @EricColumbus @JessePanuccioFL
Darn it! I meant 5 U.S.C. § 3345(a)(1): https://www.law.cornell.edu/uscode/text/5/3345 …pic.twitter.com/wG1PF24oqP
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Replying to @steve_vladeck @JessePanuccioFL
What's the textual reason that Panuccio isn't in line of succession? Makes sense but didn't we conclude that if DJT installs someone different via Vacancies Act, that person *would* be in line? Why would result differ btwn 3345(a)(1) (Panuccio) & 3345(a)(2) or (3) (someone else)?
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Adding
@marty_lederman for insight here.1 reply 0 retweets 0 likes -
I believe that's right -- Panuccio would be Acting Associate if Trump doesn't appoint someone else . . . and then would be Acting AG for Russia if Trump removed Rosenstein, *unless and until* RR is replaced as Acting DAG. Sound right, Steve?
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I don’t think so. Rosenstein isn’t supervising Mueller as DAG; he’s doing it as Acting AG. And an Acting AAG isn’t next in line to serve as Acting AG. So Noel would be Acting AG on matters on which neither Sessions nor Rosenstein were available until a new AAG is confirmed.
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Btw, did you see my tweet that I just got a response to a FOIA submitted 4 years ago on who was AAG when and why in 2007. DOJ claims to have no records for at least 2 CRITICAL days, & almost nothing else. 5 pages.
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