President Donald Trump on Friday announced he would tap current acting Veterans Affairs Secretary Robert Wilkie to be the department’s next permanent leader. | Chip Somodevilla/Getty Images Trump taps Wilkie as next Veterans Affairs secretary The selection comes after workplace conduct issues sank the nomination of Ronny Jackson. 
 
 President Donald Trump on Friday tapped Robert Wilkie, a veteran GOP aide and acting veterans affairs secretary, as his choice to become the permanent leader of the scandal-plagued agency. 
 
 Trump announced Wilkie’s selection ahead of scheduled remarks at a White House prison reform summit, telling the crowd that the nominee-in-waiting didn’t know about the news and quipping that he had “ruined the surprise.” 
 
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 “I’ll be informing him in a little while, he doesn’t know this yet, that we’re going to be putting his name up for nomination to be secretary of the veterans administration,” the president said at the event, attended by numerous top Trump administration officials, including Vice President Mike Pence, Education Secretary Betsy DeVos, senior adviser Jared Kushner and Wilkie. 
 
 Wilkie, who has led the Department of Veterans Affairs in an acting capacity since March and was confirmed by the Senate for a Pentagon post last year, rose up and shook hands with the president after the unexpected announcement. In his remarks, the president praised Wilkie for an "incredible job" steering the VA in recent months. The White House formally announced the president's intent to nominate Wilkie as VA secretary in a statement later on Friday. 
 
 As a former adviser to Sen. Thom Tillis (R-N.C.) and longtime Republican hand, Wilkie’s path to taking the VA’s permanent helm will likely be smoother than the turbulent bid of Ronny Jackson, the president’s former personal physician. Jackson withdrew from consideration to lead the VA last month amid scandal over his workplace behavior. 
 
 Senate Committee on Veterans’ Affairs Chairman Johnny Isakson (R-Ga.) responded to news of the president's announcement by congratulating the acting agency leader and saying he looked forward to the confirmation process in the chamber. 
 
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 “As acting secretary of the VA, I’ve enjoyed my time getting to know Robert Wilkie and working alongside him to advance community care legislation through Congress,” Isakson said. “I congratulate Undersecretary Wilkie on his nomination and look forward to learning more about his long-term views for the VA, including how he plans to implement the VA MISSION Act when it becomes law, as we work through the confirmation process." 
 
 Rep. Phil Roe (R-Tenn.), chairman of the House panel on veterans' affairs, told POLITICO in a statement he found Wilkie "to be accessible and knowledgeable since he stepped in after former VA Secretary Shulkin's departure." 
 
 "While the Senate is responsible for the confirmation process, I commend President Trump for this selection and believe Acting Secretary Wilkie would be an effective permanent secretary," he said. 
 
 Wilkie's announced appointment is the latest leadership development for an agency rocked by high-profile departures and ethics scandals. 
 
 Jackson, who served as White House physician under former presidents George W. Bush and Barack Obama, as well as Trump, withdrew his bid to lead the VA in April amid a series of allegations that he created a toxic work environment, drunkenly wrecked a car and maintained poor prescription records while serving in the federal government. White House officials later confirmed he would not return to his role at the president's physician. 
 
 In March, Trump unveiled on Twitter he was ousting Jackson's predecessor, David Shulkin, amid growing tensions with the White House over a taxpayer-financed trip to Europe last year and after he openly sparred with conservatives in his agency. 
 
 
 
 John Hoellwarth, communications director for the American Veterans non-partisan advocacy group, nodded to the recent upheaval at the agency in his reaction to Trump's announcement. 
 
 "Wilkie is already leading the VA, and the last thing the VA needs is more turnover," he told POLITICO in an email. The organization in its statement said Wilkie would provide "needed stability" for the VA. 
 
 The latest staffing shake-up arrives as congressional lawmakers continue to feud over the future of the agency, with Democrats pushing back against what they say are efforts to nudge the VA closer to privatization. 
 
 Wilkie's nomination could hit a snag due to his tie to the ongoing probe of Trump’s ties to Russia: He was one of three congressional aides present when the Trump campaign supported the rejection of a tough-on-Russia provision proposed for the GOP’s 2016 platform. 
 
 Special counsel Robert Mueller’s team is reportedly examining the platform debate, but Wilkie had not been contacted by Mueller as of last fall. 
 
 Arthur Allen contributed to this report. ||||| FILE - In a Wednesday, June 27, 2018 file photo, Veterans Affairs Secretary nominee Robert Wilkie is sworn in at the start of a Senate Veterans Affairs Committee nominations hearing on Capitol Hill in... (Associated Press) 
 
 FILE - In a Wednesday, June 27, 2018 file photo, Veterans Affairs Secretary nominee Robert Wilkie is sworn in at the start of a Senate Veterans Affairs Committee nominations hearing on Capitol Hill in Washington. Wilkie is expected to become secretary of Veterans Affairs when the Senate votes Monday,... (Associated Press) 
 
 FILE - In a Wednesday, June 27, 2018 file photo, Veterans Affairs Secretary nominee Robert Wilkie is sworn in at the start of a Senate Veterans Affairs Committee nominations hearing on Capitol Hill in Washington. Wilkie is expected to become secretary of Veterans Affairs when the Senate votes Monday,... (Associated Press) FILE - In a Wednesday, June 27, 2018 file photo, Veterans Affairs Secretary nominee Robert Wilkie is sworn in at the start of a Senate Veterans Affairs Committee nominations hearing on Capitol Hill in... (Associated Press) 
 
 WASHINGTON (AP) — The Senate on Monday confirmed Pentagon official Robert Wilkie to be secretary of Veterans Affairs, charged with delivering on President Donald Trump's campaign promises to fire bad VA employees and steer more patients to the private sector. 
 
 Wilkie won approval on a bipartisan vote of 86-9, securing the backing of many Democrats after insisting at his confirmation hearing that he will not privatize the government's second-largest department. It was a moment of respite from the sharp political divisions engulfing Trump's other nominees in the final months before congressional midterm elections. 
 
 Wilkie is Trump's third pick for the job in 18 months. The longtime public official says he will "shake up complacency" at VA, which has struggled with long waits in providing medical treatment to millions of veterans. 
 
 In a statement released by the White House, Trump applauded the confirmation vote and said he looked forward to Wilkie's leadership. "I have no doubt that the Department of Veterans Affairs will continue to make strides in honoring and protecting the heroic men and women who have served our nation with distinction," he said. 
 
 Trump selected Wilkie for the post in May after firing his first VA secretary, David Shulkin, amid ethics charges and internal rebellion at the department over the role of private care for veterans. Trump's initial replacement choice, White House doctor Ronny Jackson, withdrew after allegations of workplace misconduct surfaced. 
 
 Wilkie, a former assistant secretary of defense under President George W. Bush, has received mostly positive reviews from veterans' groups for his management experience, but the extent of his willingness to expand private care as an alternative to government-run VA care remains largely unknown. 
 
 Trump last year pledged he would triple the number of veterans "seeing the doctor of their choice." Currently more than 30 percent of VA appointments are made in the private sector. 
 
 Under repeated questioning at his hearing, the Air Force and Navy veteran said he opposed privatizing the agency of 360,000 employees and would make sure VA health care is "fully funded." When pressed by Sen. Jon Tester, the top Democrat on the panel, if he would be willing to disagree with Trump, Wilkie responded "yes." 
 
 "I have been privileged to work for some of the most high-powered people in this town," said Wilkie, currently a Pentagon undersecretary for Defense Secretary Jim Mattis. "They pay me for their opinions, and I give those to them." 
 
 Wilkie's main task in the coming months will be carrying out a newly signed law to ease access to private health providers. That law gives the VA secretary wide authority to decide when veterans can bypass the VA, based on whether they receive "quality" care, but the program could face escalating costs. 
 
 Some Democrats have warned the VA won't be able to handle a growing price tag, putting it at risk of budget shortfalls next year. Major veterans' groups want full funding for core VA medical centers, which they see as best-suited to veterans' specialized needs such as treatment for post-traumatic stress. 
 
 As VA secretary, Wilkie also will have more power under a new accountability law to fire VA employees. Lawmakers from both parties have recently raised questions about the law's implementation, including how whistleblower complaints are handled and whether the law is being disproportionately used against rank-and-file employees rather than senior managers who set policy. 
 
 "The tone has been set by President Trump on the direction of VA reforms," said Dan Caldwell, executive director of the conservative Concerned Veterans for America. "There have been a tremendous number of bills passed in the last year and half, and all will require a lot of work to make sure they are properly implemented." 
 
 Republican Sen. Johnny Isakson of Georgia, chairman of the Senate Veterans Affairs Committee, praised Wilkie as "eminently qualified," saying he will "bring stability and leadership" to VA. 
 
 Wilkie served as acting VA secretary after Shulkin's firing in March, before returning to his role as Pentagon undersecretary. 
 
 He will replace current acting VA secretary Peter O'Rourke, who clashed with the VA inspector general after refusing to release documents relating to VA whistleblower complaints and casting the independent watchdog as an underling who must "act accordingly." Under pressure from Congress, the VA agreed last week to provide documents to the IG. ||||| When POLITICO asked the White House for comment about the potential legal issues surrounding former Veterans Affairs Secretary David Shulkin’s replacement, a spokeswoman said Shulkin had resigned. | Olivier Douliery - Pool/Getty Images Did Shulkin get fired or resign? This is why it matters. Trump potentially opened the door to legal challenges that could hobble the VA. 
 
 The White House is now asserting that recently departed Veterans Affairs Secretary David Shulkin resigned. Shulkin has made it clear in his public comments that he was forced out. 
 
 While Washington often wraps firings in the verbal cloak of a resignation, the distinction this time could have far-reaching implications that could throw the Department of Veterans Affairs, the second-largest federal agency, into further disarray. 
 
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 In announcing the removal of Shulkin as VA secretary, Trump tapped Defense Department official Robert Wilkie as the acting leader of the department, bypassing Shulkin’s deputy, who was next in line to succeed him. That decision has reignited a debate among legal experts about the president’s ability to hand-pick replacements for ousted Cabinet secretaries. 
 
 The debate centers on vague language in the Federal Vacancies Reform Act of 1998, which gives the president broad authority to temporarily fill a vacancy at a federal agency with an acting official if the current office holder “dies, resigns, or is otherwise unable to perform the functions and duties of the office.” 
 
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 But some legal experts note that the law does not explicitly grant that authority to the president in the case of firings. That could make Trump’s decision to appoint Wilkie, the under secretary of defense for personnel and readiness, as acting VA secretary a potential test of the president’s authorities under the act. 
 
 And it means that any formal actions Wilkie takes as acting secretary could face a legal challenge that might stall sorely needed reforms and modernizations at the troubled agency. 
 
 When POLITICO asked the White House for comment about the potential legal issues surrounding Shulkin’s replacement, spokeswoman Lindsey Walters said in a statement, “Secretary Shulkin resigned from his position as Secretary of the Department of Veterans Affairs.” 
 
 Walters’ comment is in sharp contrast with the well-established narrative that Trump fired Shulkin. Until now, the White House has made little effort to correct the many press accounts saying Shulkin was removed. 
 
 The White House declined to elaborate on the exact circumstances surrounding Shulkin’s ouster or offer any evidence to support the assertion. A VA spokesman referred a request for comment to the White House. 
 
 But a person familiar with Shulkin’s dismissal strongly disputed that Shulkin resigned, noting that he did not submit a resignation letter. Shulkin’s removal happened so quickly, the person said, that he was never given the opportunity to return to his office or address VA employees. 
 
 Shulkin, for his part, has publicly criticized the White House for its handling of his removal. During an interview with MSNBC this week, he said Trump never mentioned his plans to push him out during a phone call on Wednesday. White House chief of staff John Kelly subsequently informed him of the president’s intention later that afternoon. 
 
 Under normal circumstances, the VA’s No. 2, Deputy Secretary Thomas Bowman, would have stepped in as secretary after Shulkin departed. But Trump and many in the White House have clashed with Bowman, believing him to be opposed to efforts to move toward more privatized veterans health services. 
 
 Wilkie could serve as acting VA chief for several months while Trump’s nominee to permanently lead the department, White House physician Ronny Jackson, awaits confirmation in the Senate. 
 
 Any significant policy decision Wilkie makes during that time could prompt a challenge from an injured party claiming that Wilkie doesn’t have the legal authority to lead the department in an acting capacity. 
 
 The succession question could also reemerge if Trump fires Attorney General Jeff Sessions and seeks to install an acting AG from another agency instead of Deputy Attorney General Rod Rosenstein. Rosenstein has been on the receiving end of Trump’s ire in recent months. 
 
 Trump signed an executive order last year reorganizing the order of succession at the Justice Department. 
 
 A challenge to Trump’s decision to appoint Wilkie would be unprecedented, according to experts. But some added that it could be an increasingly attractive option for outside groups who want to overturn the Trump administration’s policy moves. 
 
 “It’s an open question. There are ways to read the statute both ways,” said Stephen Vladeck, a professor at the University of Texas School of Law. “There’s reason to wonder if Congress would have wanted to give the president such broad ability to fill a vacancy he creates.” 
 
 Even if the VA succession goes unchallenged, Vladeck said picking an acting official outside the traditional line of succession could be a “dry run” for similar maneuvers at other agencies, including the Justice Department. 
 
 Anne Joseph O'Connell, a law professor at the University of California, Berkeley, who specializes in the Vacancies Act, said, “It’s conceivable that somebody could bring a challenge to a decision made by the acting secretary. But it’s really hard for me to see a court saying the act doesn’t apply.” 
 
 O'Connell said she believes the law does in fact apply to firings and she listed several potential hurdles to mounting a serious legal challenge. Among them: finding somebody who has been injured by a decision made by the acting secretary and convincing a court that the law intended to stop presidents from picking acting secretaries after a firing. Another potential difficulty: figuring out a way to differentiate between a firing and a forced resignation. 
 
 But there are potential avenues for a lawsuit. Shulkin was fired before he could finalize a $16 billion electronic health records contract. If Wilkie signs the contract as acting administrator, a party that claims to be injured by the contract could bring a court challenge, O’Connell noted. 
 
 The Justice Department, for its part, has suggested that firings are applicable under the Vacancies Act. In 1999 guidance issued shortly after the act was signed into law, DOJ acknowledged that the “full range” of what would constitute a vacancy under the act is “unspecified.” But the guidance noted that senators mentioned the issue of firing when debating the legislation. 
 
 “In floor debate, Senators said, by way of example, that an officer would be ‘otherwise unable to perform the functions and duties of the office’ if he or she were fired, imprisoned, or sick,” the guidance says.
– Acting Veterans Affairs Secretary Robert Wilkie is President Trump's pick to permanently lead the beleaguered department. Wilkie is a former Pentagon undersecretary for personnel and readiness, and a former adviser to GOP Sen. Thom Tillis of North Carolina. He's led the agency for two months, ever since Trump fired David Shulkin amid an internal revolt and questions about his compliance with ethics rules, reports the AP. Wilkie appeared in the White House press briefing room Thursday to accept a check for the amount of Trump's first-quarter salary, which he donated to the agency. Trump revealed his decision during a prison reform event at the White House. Trump previously nominated White House physician Dr. Ronny Jackson for the job, but Jackson withdrew last month. Politico sees Wilkie's path to confirmation as much smoother than Jackson's, though it points out one potential wrinkle: Wilkie was one of three congressional aides present when Trump's campaign supported ditching a provision in the GOP's 2016 platform that called for tough action against Russia. Robert Mueller's team is reportedly looking into that campaign decision.