EXIT LOSING:

"Wolf was not lawfully serving as Acting Secretary of Homeland Security under the HSA [Homeland Security Act] when he issued the Wolf Memorandum," in July, Judge Nicholas Garaufis wrote in his ruling.

"Based on the plain text of the operative order of succession, neither Mr. [Kevin] McAleenan nor, in turn, Mr. Wolf, possessed authority to serve as Acting Secretary. Therefore, the Wolf Memorandum was not an exercise of legal authority."

Garaufis cited the Government Accountability Office, which said in August that Wolf was named to the post "by reference to an invalid order of succession."

"DHS failed to follow the order of succession as it was lawfully designated. Therefore, the actions taken by purported Acting Secretaries, who were not properly in their roles according to the lawful order of succession, were taken without legal authority," Garaufis said.

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