Can Trump Fire Kimberly Guilfoyle Without a Senate Vote? What the Rules Say
President Donald Trump does not need a Senate vote to remove a U.S. ambassador, and Kimberly Guilfoyle’s departure from her post in Greece has brought that presidential power into limelight. On Tuesday, Oct. 13, the White House confirmed it had asked Guilfoyle to resign following allegations of improper conduct, a day after Trump said he was considering firing her.
Guilfoyle, a former Fox News host and fiancée of Donald Trump Jr., allegedly sought $100,000 from a political donor to pay a personal credit card bill before her Senate confirmation. Her lawyers have disputed the allegations, saying the money was owed for previous work. Those claims have raised questions over her conduct before and during her tenure as U.S. ambassador to Greece.
Can Trump Remove an Ambassador Without Senate Approval?
The Senate must confirm an ambassador’s appointment, but the president generally does not need Senate approval to remove the official from the post. Article II of the U.S. Constitution gives the president the power to nominate ambassadors with the Senate’s advice and consent.Federal law, under Title 22, section 3942 of the U.S. Code, also requires Senate approval for ambassadorial appointments, subject to specified exceptions.
Ambassadors generally serve at the president’s pleasure, meaning Trump can remove Guilfoyle without a Senate vote. Although the Senate has the constitutional authority to confirm ambassadorial nominees, that role does not ordinarily extend to approving their dismissal. A permanent replacement would generally need to be nominated by the president and confirmed by the Senate before taking office.
Why Did Trump Seek Guilfoyle’s Departure?
On Monday, Oct. 12, Trump indicated that he was considering removing Guilfoyle when reporters asked about the allegations against her. “We’re looking at it. Yeah, we’re not happy,” Trump told reporters, according to Reuters.
The White House announced the following day that Guilfoyle had been asked to resign. White House press secretary Katie Zacharia said, “She has been a wonderful asset to the team, and we wish her well,” CBS News reported on Oct. 13. The Wall Street Journal first reported messages in which businessman and former Trump donor Eric Deters allegedly discussed a $100,000 payment to cover Guilfoyle’s American Express bill before her Senate confirmation hearing.
Guilfoyle’s lawyers have challenged the allegations, arguing that Deters owed her money for previously completed speaking and consulting work. They have also disputed reports about her travel and maintained that she complied with federal gift and disclosure requirements.
What Happens After an Ambassador Leaves Office?
Guilfoyle’s departure does not require a Senate vote. The administration can begin the diplomatic transition and select a nominee for the next U.S. ambassador to Greece, who would generally require Senate confirmation before taking office.
A permanent successor must be nominated by the president and confirmed by the Senate. In the interim, the State Department can appoint a chargé d’affaires or designate another official to oversee the embassy’s daily operations and diplomatic responsibilities.
Questions remain about whether the alleged conduct violated ethics rules or other laws. The State Department’s Office of Inspector General has reportedly been examining the allegations, a process distinct from Trump’s authority to remove Guilfoyle from her post. For now, Trump does not need a Senate vote to remove an ambassador, even though Senate confirmation was required for Guilfoyle to take the job.
