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The Labor Department will be led by the third current acting cabinet secretary when Alex Acosta steps down on July 19. About a dozen major agencies are without permanent, Senate-confirmed leadership.
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The departure follows scrutiny over his role in a plea deal as a U.S. attorney in 2008. The agreement eased punishment for multimillionaire Jeffrey Epstein for alleged sex crimes.
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Acosta is under scrutiny for the 2008 deal he oversaw when he was a U.S. attorney in Florida, now that prosecutors in New York have brought a new case in which Epstein could face 45 years in prison.
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In a bipartisan vote of 60-38, the Senate confirmed President Trump's second choice for labor secretary. Trump's first nominee, Andrew Puzder, withdrew when it became clear he would not be confirmed.