Ian Patrick, FISM News

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According to the Government Accountability Office, the current leaders of the Department of Homeland Security were not validly appointed to their positions. The GAO reports that these leaders are violating the Homeland Security Act, which details successions within the Department outside of the existing Federal Vacancies Reform Act.

The report specifically names Acting Secretary of the Department of Homeland Security Chad Wolf as well as Senior Official Performing the Duties of Deputy Secretary Ken Cuccinelli. The investigation was prompted by the Chairman of the Committee on Homeland Security and the Acting Chairwoman of the Committee of Oversight and Reform.

The decision released by the GAO details the resignation of former DHS Secretary Kirstjen Nielsen, who had amended the order of succession shortly before she had resigned. After her resignation, the succession went to Kevin McAleenan who was not supposed to take over Nielsen’s position. The GAO finds that because McAleenan’s appointment was not valid, neither were his appointments of Wolf and Cuccinelli into their current positions.

The GAO affirms that their stance is on the legality of Wolf’s and Cuccinelli’s appointments and not actions taken by the DHS officials. These actions are referred to as the Inspector General for review.

Sourced from the Government Accountability Office.