Republicans shoot down White House plan to install Cuccinelli atop DHS

Republicans warn Trump he can't name immigration hardliner Cuccinelli to acting DHS secretary.

By BURGESS EVERETT, ANITA KUMAR and DANIEL LIPPMAN
10/30/2019 10:50 AM EDT
Updated: 10/30/2019 05:40 PM EDT

Republican senators are warning President Donald Trump that he cannot legally appoint immigration hard-liner Ken Cuccinelli to lead the Department of Homeland Security.

The White House and DHS lawyers, however, are continuing to work on a controversial end run around a federal law that prohibits Cuccinelli from serving as an acting secretary. It would likely face an immediate court challenge as well as the ire of members of his own party.

“The White House would be well advised to consult with the Senate and senators before they take any decisive action that might be embarrassing to Mr. Cuccinelli or to the White House itself,” said Sen. John Cornyn (R-Texas), who called the attempt to fill the department without Senate confirmations a “concern.”

Cuccinelli once headed the Senate Conservatives Fund, an organization critical of the establishment GOP that ran primary campaigns against incumbents. That past has not been forgotten: Senate Majority Leader Mitch McConnell (R-Ky.) said earlier this year that he has a "lack of enthusiasm" for Cuccinelli and warned in April about nominating Cuccinelli to the permanent position.

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