Challenge: Clinton can’t serve as secretary of state

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Dan Farber, another Berkeley constitutional law professor, said there was no conflict when Mr. Bush signed the order earlier this year.

“The last thing he had in mind was that he could sway Clinton’s vote by promising her the position with higher pay, and any possible conflict is eliminated if she doesn’t actually get the higher salary,” he said.

Paul Orfanedes, director of litigation for Judicial Watch, said the group was looking for someone who could have standing to sue based on the clause, such as a State Department employee.

“If we could find someone, it looked like a good solid legal case,” he said. “Sure.”

For her part, Mrs. Clinton has not commented on the complaint.

Mr. Obama is expected to name Mr. Richardson to the post at a 10:40 a.m. EST press conference in Chicago. On Tuesday, the president-elect and named Louis Caldera to serve as director of the White House Military Office.

c Nicholas Kralev contributed to this report

About the Author

Christina Bellantoni

Christina Bellantoni is a White House correspondent for The Washington Times in Washington, D.C., a post she took after covering the 2008 Democratic presidential campaigns. She has been with The Times since 2003, covering state and Congressional politics before moving to national political beat for the 2008 campaign. Bellantoni, a San Jose native, graduated from UC Berkeley with ...

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