Austin AWOL! Legal Violations Uncovered: Vacancies Reform Act Breached in Recent Government Crisis

The big news this week is that someone needs to hold the government accountable for the massive lapses in US national security when National Secretary of Defense Lloyd Austin went missing from duty.

As Secretary of Defense, Austin’s primary responsibility is overseeing the Department of Defense, including its military forces and national security matters. He is tasked with advising the President on defense-related issues, developing defense policies, and ensuring the readiness and effectiveness of the U.S. military.

And it is not like we had nothing going on that needed to be addressed by military leadership:

We have an invasion at the US Southern border and other issues- the media is starting to notice that something very wrong has happened.

Somehow Austin disappeared for days and the Biden administration showed no care at all about the situation until they got busted recently- that is.

What happened was a “Black Letter violation” of a Federal law

“The Federal Vacancies Reform Act of 1998 (Vacancies Act) establishes requirements for temporarily filling vacant positions in Executive Branch agencies that require presidential appointment and Senate confirmation. This act identifies who may temporarily serve, for how long, and what happens when no one is serving under the act and the position is vacant.  GAO issues letters to the President and Congress reporting violations of the act’s time limitations and issues decisions on agency compliance with the act when requested by Congress.”


“In common law legal systems, black-letter law refers to well-established legal rules that are no longer subject to reasonable dispute. Black-letter law can be contrasted with legal theory or unsettled legal issues,” according to sources who are American legal experts.

According to one government expert, what happened when Biden’s Secretary of Defense, Lloyd Austin disappeared for days is a crime, and it is called Going AWOL

What happened is a Black Letter Violation of the law. That is what Jeff Clark from the Center for Renewing America told Steve Bannon on the War Room program on Monday.

“So the President didn’t know about this until January 4, you know, three days into this emergency hospital stay while Austin’s in ICU. Blinken didn’t know about it, Jake Sullivan didn’t know about it. It’s totally inexcusable. And then you come to find out that the Deputy Secretary of Defense was on vacation in Puerto Rico during this time, and they didn’t even tell her why she was assuming some of his duties,” Clark told Bannon, adding:

“And that’s a problem in and of itself. You can’t just deal with some of the duties being devolved upon the deputy. You know, the first principal officer, you got to deal with all of them. And so there was a gap at the very least, and then they talked to the Chief of Staff, and the Chief of Staff was out sick. So now they’re trying to deflect blame onto her and say she was the one who failed to tell the White House.

I mean, it’s truly an absurd situation. Okay.

So, as a matter of law, the Vacancies Reform Act has been violated Steve, and that has a provision in it that requires whenever there is a head of an agency, especially a cabinet officer, and especially what is important is the SecDef that con each house of Congress and the Comptroller General be informed.

That did not happen until Friday. That happened just before the Pentagon released a press statement in the evening on Friday the fifth.

So, this is a situation where a flat law of the United States was violated. And I know what they might say in response to that as well. That’s really for situations where someone’s resigned or died.

However the statute is very clear and says that it applies whenever someone is essentially incapable of carrying out the duties of the office for any reason. So this is a black letter violation of the Vacancies Reform Act, and what can’t Congress do if it doesn’t even know about this situation? It’s it’s a complete violation of the law.”

See the full interview:

According to their website, Clark is the Senior Fellow and Director of Litigation at the Center for Renewing America, a conservative think tank that focuses on combatting critical race theory that was founded by Trump’s OMB director and Clark’s friend Russell Vought.

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Here is some of our other coverage of Lloyd Austin:

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