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Justice memo argues Obama recess appointments were legal
The Hill ^ | 01/12/12 12:32 PM ET | Alexander Bolton

Posted on 01/12/2012 10:11:53 AM PST by Sopater

The Department of Justice offered a defense on Thursday for President Obama’s controversial decision to make several recess appointments while Congress was in pro forma sessions.

In a memo, Justice argued the pro-forma sessions held every third day in the Senate do not constitute a functioning body that can render advice and consent on the president’s nominees. It said the president acted consistently under the law by making the appointments.

(Excerpt) Read more at thehill.com ...


TOPICS: Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: absolutedespotism; appointment; bhofascism; constitution; cordray; corruption; democrats; dojcorruption; dojisajoke; fraud; govtabuse; holder; impeachment; longtrainofabuses; lping; nobama2012; obama; recessappointment; recessappointments; socialistdemocrats; tyranny; unconstitutional; usurpations; waronliberty
This also just in... the fox says that there is nothing to worry about in the hen house.
1 posted on 01/12/2012 10:11:58 AM PST by Sopater
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To: Sopater

The Senate should say “well, you never asked us for a vote.” Was Obama’s pants on fire? What’s next, going over the Senate’s head if it can’t get around to voting on one of these czars for a couple weeks?


2 posted on 01/12/2012 10:16:22 AM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: All


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3 posted on 01/12/2012 10:17:53 AM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Sopater

Most criminals think the world owes them a living, too.


4 posted on 01/12/2012 10:18:13 AM PST by 2ndDivisionVet (You can't invade the US. There'd be a rifle behind every blade of grass.~Admiral Yamamoto)
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To: Sopater

I thought that the house decides when the senate can adjourn (per the constitution).


5 posted on 01/12/2012 10:18:13 AM PST by Abby4116
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To: Sopater

The Executive Branch can now write the rules of the Senate. Separation of Powers anyone?


6 posted on 01/12/2012 10:18:49 AM PST by massgopguy (I owe everything to George Bailey)
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To: Sopater

“Justice memo argues Obama recess appointments were legal”

Isn’t that the same as saying: “Obama argues Obama recess appointments were legal”

Or

“Holder argues Obama recess appointments were legal”


7 posted on 01/12/2012 10:22:42 AM PST by aquila48
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To: Sopater
From the same Holder-DOJ that "argues" that below is NOT voter intimidation:


8 posted on 01/12/2012 10:27:08 AM PST by drpix
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To: Sopater
As in the Black Panther Voter Intimidation case, the memo was written by the same Holder-DOJ racist liars whose analysis goes no farther than: if your black you're innocent!

But facts show that Harry REID did the same pro forma sessions every three days to prevent BUSH from making recess appointments during three different Senate breaks - and BUSH made no appointments during those breaks.

Here's the conclusive proof from the public policy research arm of the United States Congress ("Congress's think tank").

CONGRESSIONAL RESEARCH SERVICE REPORT TO CONGRESS
[ Updated March 12, 2008, Order Code RS21308, LINK ]
"How Long Must the Senate Be in Recess Before a President May Make a Recess Appointment?"

"The Constitution does not specify the length of time that the Senate must be in recess before the President may make a recess appointment. Over the last century, as shorter recesses have become more commonplace, the Department of Justice has offered differing views on this issue. Most recently, in 1993, a Justice Department brief implied that the President may make a recess appointment during a recess of more than three days. On at least three occasions, the Senate has used procedural tools to prevent the occurrence of a recess of more than three days for the stated purpose of preventing such appointments: the 2007 Thanksgiving holiday period, the period between the first and second sessions of the 110th Congress, and the 2008 Presidents Day holiday period. In each of these cases, the Senate {under Harry Reid} met in pro forma sessions (during which no business was to be conducted) every three or four days over the course of what otherwise would have been a longer Senate recess. The President {Bush} made no recess appointments during these periods."


9 posted on 01/12/2012 10:29:36 AM PST by drpix
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To: Sopater
Let's see, either chamber of Congress can have only two states: 1) in session; and 2) in recess. If, as the Constitution states, neither chamber can be in recess without the consent of the other and the House hasn't given its consent, THEN ITS IN SESSION.

Don't need 23 pages for that!

10 posted on 01/12/2012 10:32:35 AM PST by Renkluaf
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To: Sopater
Welllllll, if the Dept. of Just Us says it's all okay, then that settles it.

At least that's what the GOP seems to be thinking and supporting.

11 posted on 01/12/2012 10:42:16 AM PST by Jane Long (Soli Deo Gloria!)
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To: Sopater

12 posted on 01/12/2012 10:44:59 AM PST by Liberty Valance (Keep a simple manner for a happy life :o)
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


13 posted on 01/12/2012 10:51:03 AM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: Sopater

bear woods
pope catholic


14 posted on 01/12/2012 11:21:45 AM PST by bravo whiskey (If the little things really bother you, maybe it's because the big things are going well.)
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To: Renkluaf
Don't need 23 pages for that!

Amen! Me thinks they dost protest too much!
15 posted on 01/12/2012 11:32:42 AM PST by Sopater (...where the Spirit of the Lord is, there is liberty. - 2 COR 3:17b)
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To: Sopater
Does this mean that Justice lied to SCOTUS when they argued the opposite in 2009?

-PJ

16 posted on 01/12/2012 11:36:51 AM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: Sopater

None dare call it treason.


17 posted on 01/12/2012 11:44:03 AM PST by fella ("As it was before Noah, so shall it be again.")
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To: Sopater

Yada, yada, yada. Just more CYA for Hussien.


18 posted on 01/12/2012 11:49:07 AM PST by bgill (The Obama administration is staging a coup. Wake up, America, before it's too late.)
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To: bgill

I just called Boehner’s office to ask what specific legal remedies the Speaker intends to take against the Executive branch for their illegal, un-Constitutional actions. No big surprise - “The Speaker believes that the President has overreached his authority in making these appointments but he has not yet determined what course of action to take.”

I told the aide that the American people have already seen Boehner stomp his feet and cry and we’d like something a little more forceful this time. I said that if he won’t immediately freeze all funds to the Executive Branch than we have to assume he is either incompetent or corrupt, but either way he doesn’t deserve the office he holds and maybe we should start investigations against him!

Doubt that it will help - there must be a special machine in DC that remove the testicles of Republicans as soon as they arrive!


19 posted on 01/12/2012 12:02:16 PM PST by VikingMom (I may not know what the future holds but I know who holds the future!)
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To: Sopater
"The Justice department's Office of Legal Counsel has released its memo justifying President Obama's controversial recess appointments. The first thing I noticed was the date. The appointments were made on Jan. 4. The memo is dated Jan. 6."

http://www.tnr.com/blog/timothy-noah/99576/justice-calls-recess-part-1

20 posted on 01/12/2012 12:09:24 PM PST by Qbert ("The best defense against usurpatory government is an assertive citizenry" - William F. Buckley, Jr.)
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To: Sopater

And when Obama is playing basketball, is he a functioning President?


21 posted on 01/12/2012 12:23:15 PM PST by LowTaxesEqualsProsperity
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To: Sopater

IT DOESNT MATTER. DOOD FRANK SAYS HE MUST BE SELECTED BY THE SENATE!


22 posted on 01/12/2012 12:32:36 PM PST by struggle (http://killthegovernment.wordpress.com/)
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To: Political Junkie Too
Does this mean that Justice lied to SCOTUS when they argued the opposite in 2009?

Actually it means the communist agenda democrat idiots will chant that they "rightfully" used it against Bush's appointment attempts in `07 and `08 making it ok when the republicans again control the Senate in the future.

As for NOT heeding it now it's ok because His High Holiness, The One, Hussen Barri Shabazzz WTF The Magnificent "can't wait on "Congress" to act."

In the constructed delusion of their "reality," that makes it perfectly justified.

If you call them on it you are a "racist."

.

23 posted on 01/12/2012 12:40:04 PM PST by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: fella
Every day our government loses a little more legitimacy.

Senate consent to high officers of the government is not a mere 18th century artifact. It is there to make sure our President could not become an elected version of a European King.

We are actually well beyond that, for Kings fought to preserve their prerogatives and their kingdoms. Hussein does neither. He makes no effort to protect our nation and Constitution because he has no connection whatsoever to the idea, the soul of these United States. He is worse than a mad King you can't get rid of.

24 posted on 01/12/2012 12:45:05 PM PST by Jacquerie (No court will save us from ourselves.)
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To: Qbert

That’s a problem. It confirms something I’ve read elsewhere- that one when Obama wants (or his minions want) to do something hinky, they get a judgement from HIS WH counsel, instead of what previous Presidents uses, which was use an assistant to the AG.


25 posted on 01/12/2012 1:56:12 PM PST by PghBaldy (War Powers Res: http://avalon.law.yale.edu/20th_century/warpower.asp)
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To: Sopater

Tyrant’s AG :
Your King and I are NOT encumbered by YOUR stupid Constitution or laws.
In fact, on the morrow, if any member of your household
is found to not have full sworn allegiance to him, I, and the DNC,
then YOUR entire family’s healthcare will be cancelled."




26 posted on 01/12/2012 2:20:24 PM PST by Diogenesis ("Freedom is never more than one generation away from extinction. " Pres. Ronald Reagan)
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To: Renkluaf
Don't need 23 pages for that!

You're just trying to beat some poor honest lawyers of an honest living. </shame>

27 posted on 01/12/2012 2:26:39 PM PST by itsahoot (You are no longer a person, you are a Unit when you need health care.)
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