Except the Vacancies Reform Act expressly prohibits an acting officeholder who wasn’t previously the “first assistant” to that office (like Wilkie) from being nominated to hold the office on a permanent basis:https://t.co/U3QpULJ4G3

So is Wilkie resigning as Acting Secretary?? https://t.co/eZVTFLXEaE

— Steve Vladeck (@steve_vladeck) May 18, 2018