Fired or Resigned?

Ex-Veterans Affairs Secretary is making his case that he didn’t resign, he was fired.

Shulkin said he had not submitted a resignation letter, or planned to, and was only told of Trump’s decision shortly before the Twitter announcement.

Of course, the format of a resignation is immaterial to the act; in particular, letters are the polite, professional way to quit, but they’re not required, not at all.  Too, learning that your boss wants you to leave “shortly before the Twitter announcement” might be impolite, even impolitic, but again, learning the boss’ desire is not required for resigning.  Nor is desiring one to leave the same as firing that one.

The distinction in this context might seem minor, but it actually flows from a very serious legal matter.

The semantics could be relevant to Trump’s ability to name an acting VA secretary to temporarily fill Shulkin’s place. Last week, Trump named Defense Department official Robert Wilkie to the acting position….
Under federal law, a president has wide authority to temporarily fill a federal agency job if someone “dies, resigns, or is otherwise unable to perform the functions and duties of the office.” There is no mention of a president having that authority if the person is fired.

The fact is, Schulkin may have felt considerable pressure to resign, and it’s common to conflate pressured-to-resign with being fired, but the two are not the same.  Especially here.  Cabinet Secretaries are nominated by the President, but they are confirmed by the Senate.  The President cannot fire a Secretary.  He must be impeached.  It may be that Secretaries serve “at the pleasure of the President,” but once confirmed, they serve “at the pleasure of Congress,” also.

Schulkin could have held out for being impeached, but he resigned—under pressure certainly, but voluntarily nonetheless.

Too Much Privacy?

That’s actually a serious question.

The firestorm over Facebook Inc’s handling of personal data raises a question for those pondering a regulatory response: is there such a thing as too much privacy?

And

Law-enforcement agencies rely on access to user data as an important tool for tracking criminals or preventing terrorist attacks. As such, they have long argued additional regulation may be harmful to national security.

Unfortunately, no government can be trusted with citizens’ privacy, as the Star Chamber secret FISA court, the FBI leadership (and not just the current or immediately prior crowd—recall J Edgar Hoover), prior DoJ leadership, the Robert Mueller “investigation,” and much more demonstrate.

If our government wants to learn things, it needs to get back into the HUMINT business rather than relying so much on hacking IT systems.  And get an honest warrant, not just a FISA one.