Id
He has no general functions, nor one a position which has one years about go out, otherwise and therefore runs over one case further than as he are chose to behave because variety of circumstances . . . . He has no claim or right to getting designated, or even to act except when he is appointed . . . . Their reputation was versus period, cycle, persisted emolument, otherwise continuing duties . . . . Ergo, they are not an ‘officer,’ inside concept of the brand new clause.
at 326-27. Not only does Auffmordt compel our conclusion, the contrary position — that an independent contractor or non-federal employee who exercises significant governmental authority must be appointed pursuant to the Appointments Clause — would be inconsistent with the Germaine and Hartwell cases discussed above.22
22 ENRD roads Auffmordt and Germaine as limited to ‘judgments of experts on areas within their expertise, as opposed to policy or legal judgments.” ENRD memorandum at 3.