October 05, 2018

Legal Fact Check explores firings and resignations of Presidential appointees

WASHINGTON, Oct. 5, 2018 — The American Bar Association posted today a new ABA Legal Fact Check exploring whether it matters legally whether a Senate-confirmed presidential appointee resigns or is fired.

With President Donald Trump recently indicating he is weighing the fate of Deputy Attorney General Rod Rosenstein, news reports focused attention on a little-noticed law called the Federal Vacancies Reform Act of 1998 (FVRA), which covers many of the 1,200-plus executive branch positions that require Senate approval. The new ABA Legal Fact explores ambiguities in the law in relation to firings and includes a 1999 U.S. Department of Justice memorandum providing guidance on the law.

ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. For coverage of other timely issues in the news, these prior ABA Legal Fact Checks might be helpful:

  • Click here on what legally constitutes the crime of treason.
  • Click here on whether White House confidentiality agreements can be enforced.
  • Click here for an ABA Legal Fact Check on attorney-client privilege.
  • Click here for an ABA Legal Fact Check on under what circumstances, if any, would a president be above the law.
  • Click here for an ABA Legal Fact Check on the authority of a president to issue pardons.

The URL for the site is www.abalegalfactcheck.com. Follow us on Twitter @ABAFactCheck.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.