WASHINGTON, D.C. — A new report from the Government Accountability Office (GAO) found that the appointments of acting Department of Homeland Security Secretary Chad Wolf and senior aide Ken Cuccinelli are invalid, delivering a blow to the Trump administration.

"Because the incorrect official assumed the title of Acting Secretary at that time, subsequent amendments to the order of succession made by that official were invalid and officials who assumed their positions under such amendments, including Chad Wolf and Kenneth Cuccinelli, were named by reference to an invalid order of succession," the report said.

The report declined to say who should be serving as acting secretary, referring that question to the DHS inspector general.

The Department of Homeland Security has not had a Senate-confirmed secretary since Kirstjen Nielsen, who resigned in April, 2019. Of the five secretaries DHS has had since 2017, only two were confirmed by the Senate: Nielsen and John Kelly.

The Trump administration has often relied on filling top posts on a temporary basis, which has drawn ire from lawmakers.

The administration is not legally bound to act on the findings of the GAO. Rather, that decision is left up to the courts.

There are already cases challenging the appointments of Wolf and Cuccinelli. Earlier this year, a federal judge ruled that it was unlawful to appoint Cuccinelli. 

DHS has not commented on the GAO's findings.