Id. at 125-26 (emphasis added).16 In contrast, “[e]mployees are lesser functionaries subordinate to officers of the United States.” Id. at 126 n. 162.

16 Find Att’y Gen. 116, 118-19, 122-23 (1911) (official authorized to perform all the duties of the Commissioner of Fisheries, who was appointed by the President and confirmed by the Senate, was an officer; scientists, technicians, and superintendent of mechanical plant in the Bureau of Standards were employees rather than officers); Second Deputy Comptroller of the Currency — Appointment, 26 Op. Att’y Gen. 627, 628 (1908) (“The officer is distinguished from the employee in the greater importance, dignity, and independence of his position”; official authorized to exercise powers of the Comptroller of the Currency in the absence of the Comptroller was clearly an officer). (more…)