The report also indicated that Republican Senators warned of the unlawfulness of Cuccinelli's appointment. Their warning turned out to be true.
A federal judge ruled Sunday that one of the Trump administration's top immigration officials, Ken Cuccinelli, was unlawfully appointed to his post because of a decades-old law on federal vacancies.
U.S. District Judge Randolph Moss ruled that Cuccinelli's appointment as the acting director of U.S. Citizenship and Immigration Services (USCIS) circumvented a law that said a senior government position could be filled only if the Senate first approved the individual.
Cuccinelli, also the deputy secretary of Homeland Security, was given his role after his predecessor at USCIS, Lee Cissna, resigned in June 2019. USCIS Deputy Director Mark Koumans should have rightfully assumed the post, Moss outlined in his ruling.
However, acting DHS Secretary Kevin McAleenan, who later resigned, created a position for Cuccinelli, naming him the principal deputy USCIS director, and then reorganized the department to place his role ahead of Koumans' position.