TBA Law Blog

Posted by: Katharine Heriges on Sep 24, 2018
Amid conflicting reports that he would resign or be fired early this morning, Deputy Attorney General Rod Rosenstein remains at his post, with a meeting scheduled with the president for Thursday. The Washington Examiner reports that whether Rosenstein is ultimately fired by President Trump or if he resigns is an important distinction, thanks to the Federal Vacancies Reform Act of 1998. If Rosenstein were to resign, the president would have broad authority over who the acting replacement would be. However, the language of the law does not address succession if an official is fired, and there is no court precedent to reference, leaving Trump’s authority to appoint a successor in question.