There’s currently a Senate-confirmed Deputy Secretary of Defense — David Norquist. Under 10 U.S.C. § 132(b), *he* is supposed to become Acting Secretary in the event of a vacancy.

Unless Trump fired him, too.
To be clear, *if* the Federal Vacancies Reform Act allows the President to appoint someone else as Acting Secretary notwithstanding § 132(b), Miller is a valid choice (because of his Senate confirmation). But it's not at all obvious that the FVRA *does* override the DoD statute.
The last time this came up, Trump named as Acting Secretary Patrick Shanahan (who was already serving as the Deputy Secretary), which avoided the issue: https://twitter.com/steve_vladeck/status/1076901416558645250?s=20
You can follow @steve_vladeck.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled:
Those who think consciousness raising & movement building are disconnected, or even a distraction from electoral politics have not paid attention to the history of social change.In this thread, we
Read more
The 2020s will be known as the Remote Work decadeA few predictions of what is likely to emerge[ a thread ] Third Space: Office and Working from Home will
Read more
1/29: Have you ever had a concept explained to you that helps frame complex issues you’ve been wrestling with and opens your eyes to new possibilities? A concept that I
Read more
By continuing to use the site, you are consenting to the use of cookies as explained in our Cookie Policy to improve your experience.