Legal Opinion

Designating an Acting Director of National Intelligence

Department of Justice Office of Legal Counsel

Decided November 15, 2019Published

1Opinion of the Court

(Slip Opinion) Designating an Acting Director of National Intelligence In designating an Acting Director of National Intelligence, the President could choose anyone who is eligible under the Federal Vacancies Reform Act of 1998, even though 50 U.S.C. § 3026(a)(6) specifies that the Principal Deputy DNI “shall act for” the DNI during a vacancy. The President could designate the Senate-confirmed Director of the National Counter- terrorism Center as the Acting DNI, but that person could not perform the duties of the NCTC Director during his time as the Acting DNI because no person may…

2Cases cited9 opinions

  1. Guedes v. Bureau of Alcohol, Tobacco, FirearmsCourt of Appeals for the D.C. Circuit · 2019
  2. Muffley Ex Rel. NLRB v. Spartan Mining Co.Court of Appeals for the Fourth Circuit · 2009
  3. Hooks Ex Rel. National Labor Relations Board v. Kitsap Tenant Support Services, Inc.Court of Appeals for the Ninth Circuit · 2016
  4. Guedes v. Bureau of Alcohol, Tobacco, Firearms, & ExplosivesCourt of Appeals for the D.C. Circuit · 2019
  5. In re: Grand Jury InvestigationCourt of Appeals for the D.C. Circuit · 2019

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