Romney and Gingrich are really in a dog fight, and neither candidate appears to be holding much back. In fact, everything appears to be up for grabs including future presidential cabinet posts, irrespective of the potential legality of such proclamations (see, Title 18, Part I, Chapter 29, Section 599 of U.S. Code). The USA Today’s Jackie Kucinich weighs in:
Mitt Romney told the Republican Jewish Coalition he would consider nominating key cabinet positions as the GOP presidential nominee prior to the 2012 election so they could face off with current Cabinet officials.
Unfortunately, that practice would be illegal.
“The answer is yes,” Romney said in response to a question on whether he would consider nominating someone such as former New York City mayor Rudy Giuliani to be his attorney general so that individual could challenge Attorney General Eric Holder.
“I can’t give you any names, of course,” Romney said.
In his remarks to the same audience, Newt Gingrich said he’d like to to see John Bolton as his secretary of State. Bolton was U.N. ambassador for George W. Bush.
According to U.S. law, a candidate cannot “directly or indirectly” promise or pledge an appointment. If a candidate violates this, they can be fined or imprisoned.