Trump tweets about Flynn for Pentagon head, but he's ineligible
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Donald TrumpDonald TrumpVirginia GOP gubernatorial nominee acknowledges Biden was 'legitimately' elected Biden meets with DACA recipients on immigration reform Overnight Health Care: States begin lifting mask mandates after new CDC guidance | Walmart, Trader Joe's will no longer require customers to wear masks | CDC finds Pfizer, Moderna vaccines 94 percent effective in health workers MORE tweeted that he is strongly considering retired Army Lt. Gen. Michael Flynn for secretary of Defense — but Flynn would not be eligible to hold the post. 


The secretary of Defense must be at least seven years removed from active duty as a commissioned officer in the armed forces under federal law, because the position is intended for a civilian. 

The National Security Act of 1947 originally required an interval of 10 years after relief from active duty, but it was reduced to seven years in 2008.

Flynn retired from the Defense Intelligence Agency in 2014. 

Trump retweeted a supporter Friday night saying "General Michael Flynn will make a great Secretary of Defense when you become POTUS! #MakeAmericaSafeAgain" 

Congress would have to issue a waiver, as it did for George Marshall in 1950, to overrule the restriction.

Flynn, a registered Democrat who served under President Obama, spoke on behalf of Trump at the Republican National Convention and was once on the shortlist to be Trump's running mate. 

He left the Obama administration after clashing with top officials in 2014.

"We are tired of Obama's empty speeches and his misguided rhetoric," Flynn said at the convention Monday. 

"This has caused the world to have no respect for America's word, nor does it fear our might." 

Updated at 3:55 p.m.