Did Shulkin get fired or resign? This is why it matters

[DonViejo]

Trump potentially opened the door to legal challenges that could hobble the VA.

By ANDREW RESTUCCIA 03/31/2018 10:50 AM EDT

The White House is now asserting that recently departed Veterans Affairs Secretary David Shulkin resigned. Shulkin has made it clear in his public comments that he was forced out.

While Washington often wraps firings in the verbal cloak of a resignation, the distinction this time could have far-reaching implications that could throw the Department of Veterans Affairs, the second-largest federal agency, into further disarray.

In announcing the removal of Shulkin as VA secretary, Trump tapped Defense Department official Robert Wilkie as the acting leader of the department, bypassing Shulkin’s deputy, who was next in line to succeed him. That decision has reignited a debate among legal experts about the president’s ability to hand-pick replacements for ousted Cabinet secretaries.

The debate centers on vague language in the Federal Vacancies Reform Act of 1998, which gives the president broad authority to temporarily fill a vacancy at a federal agency with an acting official if the current office holder “dies, resigns, or is otherwise unable to perform the functions and duties of the office.”

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https://www.politico.com/story/2018/03/31/did-shulkin-get-fired-or-resign-veterans-492877