After that, an important statutory timer began running – it was decided that acting officials may serve for a maximum of only seven months after a permanent nominee’s withdrawal, which urged finding a new nominee in a short period of time. But here, President Obama decided that trying to find someone acceptable to the Senate wasn’t worth the hassle — and so he simply didn’t send up a new nominee.
This means that only Attorney General Loretta Lynch is authorized to lead the Civil Rights Division, and not Vanita Gupta, who still remained on the job as head of the Civil Rights Division, responsible for conducting handling or supervising, ‘enforcement of all Federal statutes affecting civil rights . . . and authorization of litigation in such enforcement’.
This doesn’t justify anything. The Attorney General cannot delegate duties to an acting officer whose time is up, unless a statute “expressly authorizes” her “to designate an officer” to perform those duties. Which in this case there isn’t such. Gupta might point to 28 U.S.C. § 510, which declares that “the Attorney General may from time to time . . . authorize the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General.”
Which is EXACTLY what the Clinton Administration did to install Bill Lann Lee without Senate confirmation. In response to that ploy, the FVRA includes the following language: “Any statutory provision providing general authority to the head of an Executive agency . . . to delegate duties . . . [to] officers or employees of such Executive agency, is not a statutory provision” that qualifies as express authorization. They added, specifically for this case and this statute, that “shall not be construed as providing an alternative means of filling vacancies.”
That’s it! This proves that both members of the Justice Department, the Attorney General Loretta Lynch AND the Principal Deputy Assistant Attorney General of the Civil Rights Division, Vanita Gupta have violated the law and must be held accountable!