Quote:
Originally Posted by 10 U.S. Code ยง 113
(a) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
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So that would make appointing Mattis as Secretary of Defense illegal.