Of course, even if this is right, it’s a technicality—since (1) Spencer resigned anyway; and (2) the President unquestionably could fire him.

But once again, we get an object lesson in the technical but important law of appointing and removing executive branch officers.

— Steve Vladeck (@steve_vladeck) November 25, 2019

And here’s @realDonaldTrump’s tweet in which he says Spencer’s “services have been terminated” by _Esper_, something Esper had no legal authority to do (but Trump did):https://t.co/13BC6f3hOf

— Steve Vladeck (@steve_vladeck) November 25, 2019