Two threads on the IG debacle with info I have not seen elsewhere. First thread (this one), some key facts and law related to IGs (and acting IGs). Second thread, what to do if we want nonpartisan IGs (a counter to proposals to make IGs a term appointment). 1/

My starting assumptions:
1. Nonpartisan IGs are critical.
(I worked for DOD IG after college).
2. Senate-confirmed IGs are better than acting IGs
(This is not true for many ambassadors—campaign bundlers v. senior FSOs).
3. Big vacancies in IGs, and not just under DJT. 2/

Some law:
1. Confirmed IGs must be chosen “w/o regard to political affiliation &shall be on the basis of integrity &demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigation.”Doesn’t apply to acting IGs. 3/

2. If President removes a confirmed IG, she has to “communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal.” Doesn’t apply to acting IGs. 4/

Next, Trump and IGs:
1. DJT has removed several IGs recently—only one (thus far) is a confirmed IG (hence the letter to Congress). More removals are apparently are in the works. 5/ https://twitter.com/susancrabtree/status/1247657858033844224?s=20

Three pet peeves of mine on Fine's removal at DOD (because media getting it wrong). 1. Fine was not acting IG in 2020. Time limits had run out. He was doing job by delegation. 2. DJT gets new acting IG because of formal nomination (restarts FVRA clock). 6/

3. Some have harped on the EPA IG keeping his EPA job when he moves over to DOD. But he *has* to keep the EPA job under the Vacancies Act to be a proper acting acting IG at DOD. The real question is how much of his EPA duties he will delegate to others. 7/

Back to DJT & IGs (related to pet peeve 2):
2. DJT just send 5 formal IG nominations=allows him to use non-first assts (other PAS officials in govt or senior agency folks who aren't deputy IG) as acting IGs in those agencies. No nominations=typically no Vacancies Act now. 8/

For more on the nominations: end/ https://www.federaltimes.com/management/leadership/2020/04/06/nominations-for-longstanding-inspector-general-vacancies-arrive-at-senate/