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The Government Accountability Office on Friday suggested that two acting officials in the government are invalid for their roles.
The findings suggest that Chad Wolf and Ken Cuccinelli are ineligible to serve in their current acting official roles. Chad Wolf is the acting Homeland Security Secretary, and Ken Cuccinelli is the acting Deputy Secretary.
The prior secretary, Secretary Kirstjen Nielsen, departed from the role in April. Nielsen was succeeded by Kevin McAleenan, in a move that the Accountability Office has deemed improper.
The GAO discovered that during his tenure as secretary McAleenan altered the order of succession for the DHS. This allowed other officials to improperly succeed him in the organization.
The Government Accountability Office is an independent branch of Congress. It acts as an impartial ethics authority outside of the normal workings of the federal government. Thomas Armstrong, who acts as chief council for the GAO, stated,
“Because the incorrect official assumed the title of Acting Secretary at that time, subsequent amendments to the order of succession made by that official were invalid and officials who assumed their positions under such amendments, including Chad Wolf and Kenneth Cuccinelli, were named by reference to an invalid order of succession.”
The GAO then referred the matter to the inspector general of the DHS. They urged him to consider taking action against those officials who improperly succeeded through the ranks of the department. The DHS, however, has issued a statement via a spokesperson, calling the GAO’s findings “baseless”.
A spokesperson for the department stated “We wholeheartedly disagree with the GAO’s baseless report”. The upper echelons of the department report directly to Wolf. It’s unsurprising that they would close ranks to defend him. The GAO’s findings in this case are not legally binding. However, they are a loud warning that the actions Wolf and Cuccinelli take could face challenges in court.
As acting Secretary, Wolf has overseen unprecedented use of DHS as a domestic police force. Wolf directed the DHS to act as “secret police” in Portland, abducting protesters and harassing activists. This activity drew widespread condemnation and resulted in Wolf sheepishly removing the federal forces from the city of Portland.
While the pandemic is causing searches for “elderly cardio exercise equipment” to shoot up, it’s also emboldening many activists. In opposing the totalitarian tendencies of police and federal forces in Portland, many activists showed the cracks in Wolf’s façade. It’s now up to the inspector general of the DHS to decide how to act on the information.
