A federal judge ruled yesterday that Ken Cuccinelli was illegally appointed by Trump to lead the U.S. Citizenship and Immigration Services and thus invalidated some of Cuccinelli’s directives:
DAILY CALLER – Cuccinelli was illegally appointed by the Trump administration to head U.S. Citizenship and Immigration Services (USCIS), according to a 55-page ruling issued Sunday by Judge Randolph Moss of the U.S. District Court in Washington, D.C.
Moss, an Obama-appointed judge, also found that a directive launched under Cuccinelli, which hastens screening time for asylum seekers, should also be voided.
Moss on Sunday ruled that Cuccinelli’s appointment violated the Federal Vacancies Reform Act of 1998, finding that he was not actually eligible to become USCIS director because the position he initially assumed — the principal deputy — was not a “first assistant” job under the auspices of the 1998 law.
“On the merits, the Court concludes that Cuccinelli was not lawfully appointed to serve as acting Director and that, as a result, he lacked authority to issue the reduced-time-to-consult and prohibition-on-extensions directives,” Moss concluded in his ruling.
Cuccinelli was on with Fox and Friends this morning to discuss the ruling, noting that the methodology used to make him acting director has been used time and time again and is broadly seen as legal and that there will be an appeal. Further, Cuccinelli said that the any of his directives that were invalidated by the judge will be re-issued as a precautionary measure while the appeal goes forward.
You can watch his full interview below: