President Trumps top two officials at the Department of Homeland Security are illegally serving in their positions, with appointments that violated the laws governing who can fill Senate-confirmed posts, according to a report released Friday by the Government Accountability Office.
Chad F. Wolf, the acting secretary of homeland security, and Kenneth T. Cuccinelli, his deputy at the sprawling agency, are serving in violation of the Federal Vacancies Reform Act, which specifies orders of succession when senior officials resign, according to the G.A.O., Congresss nonpartisan watchdog.
The report said the improper appointments began after Kirstjen Nielsen was forced out of office as the departments secretary in April 2019.
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, the Government Accountability Office said on Friday. The agency said that Mr. Wolf and Mr. Cuccinelli are serving under an invalid order of succession.
The report follows a similar finding in March by a federal judge, who ruled that Mr. Cuccinellis appointment violated federal law and that two policies he put in place while he served in the position should be nullified.