Speaker of the House John Boehner (R-Ohio) on Monday evening announced that he is reappointing Republican Trey Gowdy of South Carolina to head the Select Committee on Benghazi next Congress.

The problem, however, is that by doing so, Boehner named a chairman to a panel that does not yet exist. Because the Benghazi committee is select and not permanent, the House will have to vote again to re-create it when Congress returns for a new session in January.

Boehner’s statement did not mention that another vote would need to occur in order for Gowdy to have a panel to lead or for other Republicans to serve on it.

“On September 11, 2012, four Americans were killed in a brutal terrorist attack in Libya. Two years later, the American people still have far too many questions about what happened that night — and why,” Boehner said in the statement. “That’s why I will reappoint Rep. Trey Gowdy and the Republican members of the House Select Committee to investigate the events in Benghazi in the 114th Congress. I look forward to the definitive report Chairman Gowdy and the Select Committee will present to the American people.”

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