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At this point, no one should extend this selection process the benefit of the doubt. By all indication, the Trump admin is violating civil service rules and politicizing an apolitical role. If Ellis is installed tonight, Biden should remove him on Day One. https://www.washingtonpost.com/national-security/acting-defense-secretary-orders-nsa-director-to-immediately-install-former-gop-operative-as-the-agencys-top-lawyer/2021/01/16/b3e06a02-5837-11eb-a931-5b162d0d033d_story.html?tid=ss_tw
I wrote about the problems with Ellis's selection when it was first announced after the election and cautioned that the new administration should investigate thoroughly and then decide how to proceed. After this, they should not wait a single day. https://www.lawfareblog.com/how-did-trump-loyalist-come-be-named-nsa-general-counsel-and-what-should-biden-do-about-it
Ellis can appeal adverse personal action to the Merits System Protection Board or can avail himself of other remedies he is entitled to pursue. But Nakasone and the men and women of NSA need and deserve a president prepared to take a stand against such egregious wrongdoing.
By the way, I know it seems like a small point, but this is a really difficult, really important job and we have a process to ensure only qualified individuals are in the role *BECAUSE* it is necessary to the national security of the United States.
