The White House wants Ken Cuccinelli to serve as acting Department of Homeland Security (DHS) secretary, The Wall Street Journal reported. However, he was ruled ineligible due to a federal statute governing vacancies.
The President asked the Department of Justice’s legal counsel to examine the issue and he may have found a loophole.
The administration would need to appoint an official to the fourth-highest position in the department. Then, the White House would appoint this person as acting secretary of DHS, according to The New York Times.
Normally, the White House is required to nominate one of the top three leaders of the department, but all three of those positions are vacant.
No decision has been made and CBP Commissioner Mark Morgan is still in the running.