ESPER’S UNCERTAIN JULY: Acting Defense Secretary Mark Esper begins his third week on the job with a giant question mark hanging over his head. The Pentagon has not said how it plans to handle the conditions of the Federal Vacancies Reform Act of 1998, which requires that once nominated, Esper must step aside until confirmed and also that the position cannot be filled by an acting secretary past the end of the month.
While President Trump has announced his intent to nominate Esper as his replacement for Jim Mattis, who resigned in December, the Senate Armed Services Committee has not yet received his nomination paperwork. Once that happens, the provisions of the vacancies law kick in, along with the rules of the Senate, which require a seven-day wait once the nomination is submitted.
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