captivecookie wrote:
If the law was written with a provision to waiver, then it wasn't broken. That is, the letter of the law want broken. It SEEMS like the spirit and intent of the law was circumvented, but I can't say that for sure until such time as I read the law.
It also seems like there were other qualifications that convinced the President he was the man for the job.
10 U.S. Code § 113 - Secretary of Defense
(a)There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
The word waiver is not in the code.
Mattis was the first to have the waiver for appx 30+ years. I think that the 7 year waiting period should be more strictly enforced.