# Could RFK Jr. Really Become HHS Secretary? {Yes, he did}

**URL:** <https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451>\
**Category:** Politics & Elections\
**Created:** [October 30, 2024, 4:19pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451 "2024-10-30T16:19:12Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [October 30, 2024, 6:37pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/21 "2024-10-30T18:37:33Z")

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> [@Stranger\_On\_A\_Train](#):
>
> in addition to running the Justice Department is the President’s main legal counsel for government affairs, and while they don’t generally appear in court they are giving direction to lawyers on legal strategy.

Thank for that. I thought the WH council did most of the advice to the Administration. Now that you’ve said that, I guess AG is like a DA. _Theoretically_ could they just be an administrator? Maybe, but there is no way they could lead their department if not a lawyer.

> [@Stranger\_On\_A\_Train](#):
>
> In his previous administration, Trump appointed people with no experience to senior cabinet and administrative positions such as Alex Azar, a lobbyist and pharma executive to Secretary of Health and Human Services, Scott Pruitt as EPA Administrator, Rick Perry to Secretary of Energy, Jim Bridenstein as NASA Administrator, and Ben Carson as Secretary of Housing and Urban Development

Trump’s goal was to “drain the swamp”. Think about this, if your goal were to grenade the Federal government you couldn’t cast a better Legion of Doom than Trump’s cabinet.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [October 30, 2024, 6:49pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/22 "2024-10-30T18:49:13Z")

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> [@Horatius](#):
>
> Except last go-round, Trump sidestepped this by using Acting positions. No reason he won’t do that even more. No one else would have the power to stop him, and he has no interest in stopping himself.

The law only allows the President to appoint someone who is already in a Senate-confirmed position in the Administration to be named Acting Secretary (and then only for a limited duration). This is how he was able to name Chad Wolf as Acting Secretary of DHS (he had previously been confirmed to a lower-level position in the agency). Even so, a federal judge later found that his appointment did not follow established law and therefore that several of his actions did not have legal authority.

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**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\
**Post date:** [October 30, 2024, 7:34pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/23 "2024-10-30T19:34:11Z")

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I poked around and found this pdf, [WHY AND HOW “ACTING” OFFICIALS ARE MAKING SENATE CONFIRMATION OBSOLETE](https://ourpublicservice.org/wp-content/uploads/2020/09/The-Replacements-1.pdf). It was written at the end of the Trump administration to show how the problem goes much deeper than just cabinet secretaries. Did you know that Trump never appointed a Director of the National Park Service? He used four acting heads instead.

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [October 30, 2024, 7:52pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/24 "2024-10-30T19:52:00Z")

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> [@Beckdawrek](#):
>
> He had a brain worm.

During divorce alimony depositions, RFK _said_ he had a brain worm, therefore that he wasn’t likely to earn much money in the future. No medical records were ever presented to verify his claim. He also claimed at those depositions that he had mercury poisoning from eating so much tuna, also never verified.

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [October 30, 2024, 8:12pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/25 "2024-10-30T20:12:05Z")

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I’m thinking if you’re dumb enough to claim you have a worm eating your brain to get out of alimony payments, you’ve made your bed, you get to lie in it.

Hopefully not in an important cabinet position.

Thing is, Trump promised/promises lots of things to these people to get what he wants from them. Then didn’t do it.  
He promised Rudy and Omorosa some big big jobs. I don’t think it went thru way they thought it would.

I think Elon may have dissed Trump today about his economic concept. That’s gonna be fun to watch.

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**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\
**Post date:** [October 30, 2024, 8:50pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/26 "2024-10-30T20:50:52Z")

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> [@Beckdawrek](#):
>
> Hopefully not in an important cabinet position.

What does this even mean? Cabinet Secretaries and independent agency Administrators are responsible for overseeing the execution of White House policy direction and overseeing multi-billion (in the case of Defense, hundreds of billions) budgets, employing hundreds of thousands or millions of government employees (civil servants and military), providing vital services to the entire population, and funding infrastructure, research, support services, and general welfare and defense. There are departments and agencies that are perhaps less critical than others but there exists no such animal as “not in an important cabinet position”.

Stranger

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**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\
**Post date:** [October 30, 2024, 8:55pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/27 "2024-10-30T20:55:14Z")

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LOL. Qualified. How quaint

If Trump wins the only qualification for cabinet positions that will matter is being completely beholden to Trump in every way and willing to carry out whatever illegal order he gives you without question.

For that reason RFK jr probably will not end up as HHS, and will shockingly be screwed over by Trump (I know, right, unbelievable Trump screwing someone over!), he isn’t beholden to Trump in every way. He was just a useful idiot

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [October 30, 2024, 8:56pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/28 "2024-10-30T20:56:18Z")

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Sorry, I really meant for him to not get ANY position.

Trying to be diplomatic about it.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [October 30, 2024, 9:02pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/29 "2024-10-30T21:02:34Z")

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Yes, RFK Jr could be appointed. There are only three requirements for a cabinet position:

1. The POTUS nominates you.
2. The Senate confirms by vote.
3. You aren’t closely related to the POTUS.

[1967 Federal Anti-Nepotism statute](https://www.law.cornell.edu/uscode/text/5/3110)

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**Author:** ![thelurkinghorror](https://avatars.discourse-cdn.com/v4/letter/t/7c8e57/32.png) [@thelurkinghorror](https://boards.straightdope.com/u/thelurkinghorror)\
**Post date:** [October 30, 2024, 9:57pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/30 "2024-10-30T21:57:03Z")

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Newest to oldest:

Biden’s secretaries:

1. BA in economics, JD
2. BA in history of public policy, MPA

Trump’s:

1. BA in government and economics, JD, pharma guy
2. BA in philosophy, JD
3. MD and MPH
4. MD
5. Same guy as Biden #2

Obama:

1. Two BAs in gov’t, philosophy, politics, economics.
2. BA polysci, MPA
3. Accountant?

Seems being an administrator is the best qualification, some were involved in healthcare, insurance, charitable orgs beforehand.

Most notably before Mattis was appointed, Secretaries of Defense usually had minimal or no high-level military experience. The current one is a retired Army General.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [October 30, 2024, 10:43pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/31 "2024-10-30T22:43:57Z")

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> [@Atamasama](#):
>
> Yes, RFK Jr could be appointed. There are only three requirements for a cabinet position:
> 
> 1. The POTUS nominates you.
> 2. The Senate confirms by vote.
> 3. You aren’t closely related to the POTUS.
> 
> [1967 Federal Anti-Nepotism statute](https://www.law.cornell.edu/uscode/text/5/3110)

I don’t think the anti-nepotism statute applies to Presidential nominations. Interpreting it so would almost certainly be an unconstitutional infringement on the President’s right to nominate whom he sees fit. And it also does not apply to White House staff, which is how we ended up with Jared Kushner as a “senior adviser.”

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [October 30, 2024, 11:26pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/32 "2024-10-30T23:26:03Z")

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That appears to be correct wrt White House staff, but not necessarily wrt Cabinet Secretaries:

> **[Trump Relatives' Potential White House Roles Could Test Anti-Nepotism Law](https://www.npr.org/2017/01/05/508382236/trump-relatives-potential-white-house-roles-could-test-anti-nepotism-law)**
>
> Donald Trump has suggested he may give his daughter and son-in-law a role in his administration. A law bars presidents from hiring family, but a court ruled it doesn't apply to White House staff jobs.

> The law bars presidents from hiring relatives to Cabinet or agency jobs, although a federal judge has ruled that it doesn’t apply to White House staff jobs.

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**Author:** ![dasmoocher](https://avatars.discourse-cdn.com/v4/letter/d/dbc845/32.png) [@dasmoocher](https://boards.straightdope.com/u/dasmoocher)\
**Post date:** [October 30, 2024, 11:55pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/33 "2024-10-30T23:55:14Z")

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> [@Saint\_Cad](#):
>
> What qualifications are you looking for? I don’t think the Secretary needs to be an expert in their department, there are plenty of lifetime bureaucratic drones for that.

But isn’t one of the main goals of Project 2025 to replace the regular mid- and upper-level “drones” (more like worker bees) with Trump loyalists?

I recently was on a contract working at NIH and there was a town hall to introduce the new director ([Monica Bertagnolli](https://en.wikipedia.org/wiki/Monica_Bertagnolli)) to the community. The in-person event was in the main auditorium in building 10 (the Clinical Center/main building) on the main Bethesda, MD campus.

I made a joke aloud at the end to the people sitting near me: “Yeah, but what happens if Trump is elected? Will he appoint Dr. Oz as director and make RFK, Jr. HHS Secretary? First thing to cut is vaccine research!”

Pretty f\*cked up that it could happen.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [October 30, 2024, 11:55pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/34 "2024-10-30T23:55:38Z")

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> [@flurb](#):
>
> I don’t think the anti-nepotism statute applies to Presidential nominations.

It explicitly states that it does.

> “public official” means an officer (including the President and a Member of Congress)

That’s the language of the statute itself.

Also, don’t forget why that law was written in the first place.

From @DavidNRockies’ NPR cite:

> The anti-nepotism law was passed by Congress in response to President John F. Kennedy’s decision to appoint his brother Robert as attorney general, says Darrell West, vice president and director of governance studies at the Brookings Institution.

It was specifically written to prevent a POTUS from appointing a relative to their cabinet.

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**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\
**Post date:** [October 31, 2024, 12:13am UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/35 "2024-10-31T00:13:56Z")

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> [@griffin1977](#):
>
> For that reason RFK jr probably will not end up as HHS, and will shockingly be screwed over by Trump (I know, right, unbelievable Trump screwing someone over!), he isn’t beholden to Trump in every way. He was just a useful idiot

Yeah, this is going to be the reality of it.

The fun part will be watching Trump find someone who is both loyal, and somehow, _even worse for the job_.

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [October 31, 2024, 12:30am UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/36 "2024-10-31T00:30:34Z")

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> [@Beckdawrek](#):
>
> Trying to be diplomatic about it.

Oh, are you bucking for a post now, too? 😉

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [October 31, 2024, 12:39am UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/37 "2024-10-31T00:39:56Z")

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I wish. I bet I could do better in that seat than RFKjr.

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [October 31, 2024, 12:54am UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/38 "2024-10-31T00:54:25Z")

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> [@Beckdawrek](#):
>
> I bet I could do better in that seat than RFKjr.

You or I or my cat or his imaginary worm.

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [October 31, 2024, 1:01am UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/39 "2024-10-31T01:01:05Z")

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Low bar. I’d endeavor to do well.

Your cat might give up, nap reasons.

The worm has a brain the size of an atom. Eating grey matter is it’s only job.

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**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\
**Post date:** [October 31, 2024, 1:26am UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/40 "2024-10-31T01:26:50Z")

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> [@Horatius](#):
>
> The fun part will be watching Trump find someone who is both loyal, and somehow, _even worse for the job_.

Yeah don’t worry I have every confidence Trump will find someone just as dangerously deluded and unqualified as RFK but is also a weak willed sycophantic simpering yes-man.

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