On Monday, the Trump administration was sworn in to office.
But there are still a lot of legal issues to be worked out before the new administration takes office.
The federal government has issued an executive order which states that “a person or entity that seeks to hire or promote, or to engage in any activity that will cause the federal government to employ, engage in, or otherwise support” anyone who is an “unqualified individual” is in violation of the Constitution.
“The president has the authority to appoint the heads of executive departments and agencies,” said Robert Kagan, a law professor at George Washington University.
“He can appoint the head of the Treasury Department.
He can appoint people who are going to regulate, but it’s not clear he has the right to put a person or an entity in charge of hiring, or promoting, anyone.
There is no authority for him to do that.
He has to appoint people.
It’s the executive branch that has the power to make hiring decisions.”
Kagan said that there are a number of federal employees, including attorneys, who could be affected by the executive order, and that the attorney general could be in a difficult position.
The attorney general would have to decide whether to enforce the executive orders or allow the executive departments to make their own hiring decisions.
“If he allows them to make the hiring decisions, then the people that are going down would be lawyers who are already at the lower levels of the government, who are working on the federal courts and on the appeals courts,” Kagan said.
“They’re going to take on the jobs that the president wants to put in place and they’ll be in the position of saying that they are being forced to take a position that they don’t want to take because of the president’s actions.”
“He has to make some difficult choices about how to respond to the executive actions,” Kaggon said.
“The attorney generals position would be to take those executive orders that are in the statute, and then they would decide whether or not they would have the authority or the discretion to enforce those laws.
So they would be making decisions that would be difficult and probably legal to make.”
The Department of Justice has a website which gives some insight into what is covered by the federal hiring regulations.
It says that anyone who has been in the government for more than one year, is a current law enforcement officer, is not currently in the federal workforce and is a retired or active member of the military is prohibited from working for a federal agency for more that three years.
“For people who have been in law enforcement for more, three years, or for longer than that, the ban is five years,” Kaggan said.
That includes former military personnel.
“You are not allowed to work as an attorney in the Department of Defense for five years unless you have been a law enforcement agent for more time than five years, unless you are a current member of law enforcement, and you have retired from the military,” KAGAN said.
If someone has been an attorney for five or more years and has retired from law enforcement but they still have the ability to work for the federal judiciary, they are allowed to continue.
“That’s just one of the things that’s being looked at,” Kagen said.
Kagan thinks that people who want to work in the Justice Department should look to the Federal Trade Commission.
That agency, which is charged with enforcing federal antitrust laws, has some of the same restrictions that the Department Of Justice does.
“So it’s a good place to look for people,” Kagean said.
He said that the federal agencies that are under the jurisdiction of the Justice department would be in difficulty if the federal agency did not have the power.
“What is going to happen, I think, is that the Justice will be the one that decides to have a little bit of a say in hiring and promotion of people.
The Federal Trade Commision would have a lot to weigh,” Kageran said, adding that the FTC is looking into how it could enforce the federal law, or how the president can make it so that they can do it.
Kaggan thinks that the Trump team will have to make a decision on whether to put an executive agency in charge, or they would risk being left in the lurch by the president.
“There is a lot at stake in what they’re doing,” he said.