Title: Trump Official Kari Lake’s Appointment as Voice of America CEO Called into Question amid Legal Challenges and Ethical Concerns

In the wake of business hours on July 29, Kari Lake, an official within the Trump administration, faces a mandate to clarify her role in ensuring that Voice of America (VOA) adheres to its congressional charter as a dependable and credible international news source.

Lake claims she is fulfilling her duties by complying with President Trump’s wishes. However, questions persist over the specific nature of her position. While Lake has held various titles under the designation “senior advisor,” an official agency record recently identified her as the “Acting CEO” of VOA’s parent organization, the U.S. Agency for Global Media (USAGM).

This is a presidential appointment role for which no public evidence exists of Trump having formally appointed Lake. Additionally, under US law, it appears she may not be eligible to hold this position according to former federal officials.

The job title Lake holds might seem technical, but its implications could impact the legality of decisions made within the agency.

Norman Eisen, a former special counsel for ethics during President Obama’s tenure and co-founder of Democracy Defenders Fund, is representing press advocacy groups in current lawsuits against Lake regarding her actions at VOA. Eisen asserts that job roles within government must be clearly defined and documented to prevent confusion over self-appointed titles.

Similarities can be drawn between this case and a previous one where a federal judge nullified directives tightening asylum rules in 2020, as it was determined Trump’s appointment of the acting director of U.S. Citizenship and Immigration Services was unlawful.

Over the past week, requests for documentation regarding Lake’s current position have gone unanswered by the White House press office, Lake, and another senior agency official. The White House Office of Personnel Management deferred a query from NPR seeking additional information to the agency.

Grant Turner, who served as CEO of USAGM during Trump’s first term, voiced concerns over Lake’s authority. If she does not hold legitimate authority and claims it, Turner suggests there could be long-term repercussions for both Kari Lake and the USAGM.

“Perhaps she simply desires an impressive title,” Turner remarks, “but if she truly doesn’t possess legal authority to claim that title, they may well be inviting problems.”

Lake is a former Phoenix television news anchor who unsuccessfully ran for senator and governor in Arizona twice, as well as a cable news advocate for Trump’s priorities, particularly those involving press criticism, tougher immigration laws, and election fraud claims. After winning the presidency last fall, Trump expressed interest in appointing Lake as director of VOA. However, under federal law, he does not have the power to do so unilaterally, instead designating her as a senior advisor with responsibility for overseeing the agency. Trump also dismissed members of a congressionally-established advisory board intended to monitor the international networks and has yet to name replacements requiring Senate confirmation.

In March 2020, Lake appointed a senior agency official, Victor Morales, as acting CEO; in early July, sources claimed she was elevated to deputy CEO but continued managing the agency. Fearing professional repercussions, these individuals requested anonymity. Lake subsequently removed Morales from his position at the end of July, after which she began being referred to as acting CEO within and outside the significantly reduced agency.

VOA, a federally-funded international broadcaster that previously broadcast news in 49 languages, has been diminished to four language services following Lake’s dismissal of hundreds of journalists and placement of hundreds more permanent employees on paid leave. Under the charter, an acting CEO must have been confirmed by the U.S. Senate for another position, acted as principal deputy CEO for at least 90 days within the past year, or be a senior nonpartisan agency official. As an advisor, Lake would have been a political appointee and not an executive. Former CEO Amanda Bennett’s departure in January preceded Lake’s apparent promotion to deputy CEO by at least five months.

“I do not believe she qualifies,” says Richard Painter, former White House ethics lawyer under President George W. Bush. Yet, this is the title under which right-wing cable channel Real America’s Voice identified Lake in a July 31 segment posted on her YouTube page.

The following day, on August 1, the agency itself referred to Lake as the “Acting Chief Executive Officer of USAGM” twice in a letter to VOA Director Michael Abramowitz notifying him of their intention to terminate his employment. USAGM senior advisor John Zadrozny cited Lake as the “deciding officer” to whom Abramowitz could contest the decision.

Abramowitz has instead contested his dismissal as unlawful in court documents submitted to U.S. Judge Royce C. Lamberth, who is overseeing a series of related lawsuits against Lake and the government filed by Abramowitz, other VOA journalists, an agency official, unions, and press advocacy groups. (Abramowitz’s attorney declined to comment.)

Under federal statute, the Voice of America director may only be appointed or removed if such action has been approved by a majority vote of the advisory board. In response, lawyers for the U.S. Justice Department argued that the administration had the power to dismiss Abramowitz due to his refusal to accept a transfer to a shortwave radio facility in North Carolina from VOA’s headquarters in Washington, D.C.

The government could potentially rely on this rationale to justify Lake as acting CEO should the agency continue to assert that she holds this position. However, the CEO role also requires nomination by the president and confirmation by the U.S. Senate.

“They are making their lives more complicated,” says Painter, the former White House ethics lawyer, referring to potential legal repercussions for anyone Lake fired or any actions she took, including contractual agreements.

Then-President Biden’s CEO, Amanda Bennett, resigned on January 20, the day of Trump’s second inauguration. Trump’s initial choice to lead the agency, conservative media critic L. Brent Bozell III, never assumed office, as the administration made clear its intention to dismantle the networks and the agency. Instead, Bozell has been nominated as Trump’s ambassador to South Africa. Initially, the agency’s chief financial officer, Roman Napoli, served as acting CEO, followed by Morales in March. Until late July, Lake’s title was “senior advisor,” though it has variously been rendered as senior advisor for the administration, the agency, the agency’s chief operating officer (a position the agency does not currently have), and in a court filing in late June, “senior advisor to the acting CEO.”

The government’s legal filings on July 29 in response to Judge Lamberth’s demand for information from Lake about her plans for VOA may provide further clarity regarding her position.