Last week was a no good, very bad week for the Department of the Interior and its Stetson鈥檇 chief, Ryan Zinke.听
It started with news outlets reporting听that Interior鈥檚 acting inspector general, Mary Kendall, would be replaced by Suzanne Tufts, from the Department of Housing and Urban Development.听Tufts has no听relevant investigative experience and seems to only be notable for shutting down inquiries into the redecoration of HUD Secretary Ben Carson鈥檚 office.
After a full two days of radio silence, the DOI refuted the reporting. 鈥100 percent false information,鈥 an Interior spokeswoman told the听. The timing of the apparent miscommunication seemed especially odd, as a concurrent听 by Kendall concluded that Zinke and others听had not followed the department鈥檚 travel policies in several instances.听When the smoke cleared, Kendall was still the acting inspector general.听听
So听what does the bumpy week at Interior tell us? Can the events be chalked up to disorganization? Or is something more worrisome afoot?
Perhaps a little of both, government watchdogs say.
鈥淵ou don鈥檛 have to pay close attention to say that what happened last week is so outside the realm of what usually happens,鈥 says Elizabeth Hempowicz, director of public policy for the nonpartisan watchdog听.
What went on for those two days? 鈥淚 very much think they were trying to clean up a mess,鈥 says Kate Kelly, director of public lands for the left-leaning听,听who worked in high-level communications in the DOI during the Obama administration.
While it鈥檚 impossible to assign motive to last week鈥檚 upheaval, the fact that it happened鈥攁nd in the same week that Kendall issued a report critical of Zinke鈥攎ay have sent a chilling message to the inspector general, says Virginia Canter, chief ethics counsel for听 in Washington. The inspector general is a position that鈥檚 supposed to operate with complete independence, she says. 鈥淪omething like this should not happen, at all.鈥
Among other things, that report found that Zinke had violated some of the department鈥檚 travel rules, or else that staff had excepted him from some rules. In another case, relatives who held a fundraiser for Zinke were allowed to accompany him on an official boat trip to California鈥檚 Channel Islands, but the relatives were called 鈥渟takeholders鈥 so that they wouldn鈥檛 have to pay for the trip. The report also found that the department paid $25,000 for a security detail to accompany Zinke and his wife on their vacation to Turkey. Zinke told the inspector general that he did not request the protection. Watchdogs found that a thin excuse, however; upon hearing of the security detail, he never canceled his plans. 鈥淚t doesn鈥檛 show good judgment in terms of exercising appropriate oversight of government expenditures,鈥 says Canter.
Last week鈥檚 events bring up听another issue.
Deputy Interior Secretary David Bernhardt last week 听of the top inspector general position, 鈥渢he job has been vacant… for almost a decade. That鈥檚 not good, because that鈥檚 not the way we run the country.鈥 But that鈥檚 not true. In fact, the events of last week point听to an emerging pattern听of the Trump administration not filling vacant top positions鈥攋obs so senior that they require Senate approval, claims the organization Public Employees for Environmental Responsibility ().听
Nearly two years into the Trump administration, the DOI, for instance, has nearly as many of these vacant positions that must be appointed by the president and confirmed by the Senate (eight), as it has filled (nine). And there is currently no听nominee for seven of those eight jobs, points out Jeff Ruch, PEER's听executive director.
Instead, the administration is staffing these jobs with 鈥渁cting鈥 chiefs, who can be selected by the administration and who therefore don鈥檛 need Senate approval. Such fill-in roles are supposed to be temporary. That鈥檚 not happening, watchdogs say. 鈥淚t is becoming clear that, except when unavoidable, such as Supreme Court vacancies, the Trump Administration is bypassing the bother of Senate confirmation,鈥 PEER wrote this week in an .
The result of this tactic is that actions by the executive branch are听less accountable to both Congress and the public, the group claims.
At Interior, for example,听 a property-rights attorney for the Bundy family and other Sagebrush Rebels, was recently named deputy solicitor听for Fish, Wildlife, and Parks鈥攁 position that does not require Senate confirmation. She was long rumored to be a Trump nominee to lead the Bureau of Land Management, but given her views, it was unclear whether she could have been confirmed.
Budd-Falen will work for acting Solicitor Dan Jorjani. Solicitor is another president-appointed post, but as acting solicitor, Jorjani avoids the confirmation process. PEER noted that Jorjani issued the legal opinion earlier this year that听 enforcement of the Migratory Bird Treaty Act. The change was criticized by a bipartisan group of officials from听both parties.
Congress enacted a law in 1998 to keep an administration from dodging its ability to 鈥渁dvise and consent鈥澨齩n people placed in high positions. Under that act, actions taken by an official who鈥檚 later deemed to be in that job inappropriately can be disputed. 鈥淐onsequently,鈥 PEER wrote, 鈥渢hese acts of executive hubris may become an Achilles heel.鈥
As for the top man at Interior, the disarray doesn鈥檛 seem听to have threatened Zinke鈥檚 security. That could change quickly, if any of several outstanding investigations involving him turn up still more problems. One investigation involves his business affairs in Montana.听
Still, there鈥檚 little serious talk of Zinke feeling pressure to leave or quit. 鈥淗e鈥檚 got the president鈥檚 support. He鈥檚 got industry backing him up. He鈥檚 had a free ride from the committee in terms of oversight. He鈥檚 got a very protective cocoon around him,鈥 says Representative听Ra煤l Grijalva, a Democrat from Arizona听and the ranking minority member on the House Natural Resources Committee, which oversees affairs related to the nation鈥檚 public lands and waters.
But some things could change come November听6. If Democrats take the House, they would again take the reins of Grijalva鈥檚 committee, and with it the ability to exercise subpoena and investigative power. Of course, the administration wouldn鈥檛 change at the midterms. But, says Grijalva, 鈥渢he rules of engagement change.鈥