Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Grassley Not Buying DOJís Non-Recess Appointment Apologia (Obama acted before DOJ drafted memo)
Heritage ^ | January 12, 2012 | Lachlan Markay

Posted on 01/12/2012 3:27:50 PM PST by Qbert

Calling the president’s illegal non-recess appointments “an escalation in a pattern of contempt for the elected representatives of the American people,” Sen. Chuck Grassley (R-IA), ranking Republican on the Judiciary Committee, dismissed a Justice Department memo on Thursday that sought to lend retroactive constitutional weight to the president’s move.

Grassley hinted at Senate “action to check and balance” the president’s power grab, though he declined to go into specifics. The DOJ Office of Legal Counsel’s memo, also debunked by Heritage’s Todd Gaziano, claims that pro forma Senate sessions do not preclude the president from unilaterally appointing federal officials. That legal opinion contradicts statements by former Obama Administration Solicitor General Elena Kagan – now a Supreme Court justice – and her deputy, Neal Katyal.

The memo was released on January 6, two days after Obama non-recess-appointed Richard Cordray as head of the Consumer Financial Protection Bureau, meaning the president did not wait for DOJ’s official legal opinion before moving forward with the appointments. Here’s what Grassley had to say in a news release:

The Justice Department opinion is unconvincing.  Its conclusion is at odds with the text of the Constitution and the administration’s own previous statements.  It fundamentally alters the careful separation of powers between the executive and legislative branches that the framers crafted in the Constitution.  It relies on no Supreme Court decision and many conclusions are unsupported in law or the Constitution.  It recognizes that the courts might well disagree.  And it flies in the face of more than 90 years of historical practice.  Taken together with a laundry list of other assertions of the power to act without Congress, this is clearly an escalation in a pattern of contempt for the elected representatives of the American people.  The Senate will need to take action to check and balance President Obama’s blatant attempt to circumvent the Senate and the Constitution, a claim of presidential power that the Bush Administration refused to make.

Check out Gaziano’s response for a more detailed look at DOJ’s legal argument. Here’s an excerpt:

The not-too-deft argument in the OLC memo is that the President is free to take the Senate at its word that it would not conduct business during any period it sees fit except that the basis for that assumption also applied from Dec. 17 to Jan. 3. With unanimous consent, such business clearly can and was conducted during the period of time that OLC ignores.  Moreover, those facts defeat the repeated finding in the opinion that the Senate is not available to receive messages from the President and act on them.  The action on Dec. 23 proves beyond any doubt that they can receive such messages, loudly and clearly, and can act when they want to do so.  Their desire not to act cannot be converted so easily into an inability to do so.

Even more brazenly, the opinion states on page 21 that: “even absent a Senate pronouncement that it will not conduct business, there may be circumstances in which the President could properly conclude that the body is not available to provide advice and consent for a sufficient period to support the use of his recess appointment power.”  There is no limit on this open-ended assertion of authority of the President to determine when the Senate could properly act on his nominees.



TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: bhofascism; cordray; corruption; criminalpresident; democrats; dojisajoke; ericholder; fraud; grassley; liberalfascism; obama; proforma; senate

1 posted on 01/12/2012 3:28:00 PM PST by Qbert
[ Post Reply | Private Reply | View Replies]

To: Qbert
OK, Sen. Grassley, you've done the hard part. Now, EXACTLY what is the august U.S. Senate going to do about this illegal usurpation of its power by the Executive Branch? Nothing. That is exactly what we expect from a bunch of gutless, sniveling, groveling politicians sucking off the public teat.
2 posted on 01/12/2012 3:32:50 PM PST by MasterGunner01 (11)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MasterGunner01

GOP = All show, and no “Go”...


3 posted on 01/12/2012 3:43:11 PM PST by Beaten Valve
[ Post Reply | Private Reply | To 2 | View Replies]

To: Qbert
What does the DOJ have to do with it anyway? Is the DOJ's lawyer the President's lawyer? What did/does the White House Council think? Does it have anything to do with Daley quitting?
4 posted on 01/12/2012 3:44:45 PM PST by The Free Engineer
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Free Engineer

If the President appointed Holder, isn’t it a Conflict of Interest to rule on crimes the President may commit?


5 posted on 01/12/2012 3:49:05 PM PST by FreedBird (p)
[ Post Reply | Private Reply | To 4 | View Replies]

To: MasterGunner01

we’ll get a couple of emotionless boring speeches on the floor and the shut up as we always do.

I am so pissed off with the GOP, their backing of Rino’s, letting Dems vote in our primaries, DEMS , KOOKS, NON REPUBLICANS ELECTING OUR CANDIDATE.
letting non republicans run on our ticket
Having a north east small state with an open primary set off the primaries
never calling out this corrupt biased media
letting the same media do our frigging debates, WHAT THE HELL IS THAT ABOUT?

Talk radio never getting active and never informing their listeners and viewers like Hannity of mentioning social conservative issues due to them being cowardly.

The GOP/Romney and Paul now looking at absentee ballots in our first closed primary which has photo ID, how convenient they get around the closed primary and photo ID

I can’t write what I really think on here due to being banned so I’ll leave it with Screw em


6 posted on 01/12/2012 3:53:18 PM PST by manc (Marriage is between one man and one woman.Trolls get a life, I HATE OUR BIASED LIBERAL MEDIA.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Qbert
The Justice Department opinion is unconvincing.

It has no weight. The DOJ does not represent the office of the President. Where is the Solicitor General?

7 posted on 01/12/2012 4:01:48 PM PST by Mike Darancette (11/06/2012: Starts "Occupy the White House")
[ Post Reply | Private Reply | To 1 | View Replies]

To: MasterGunner01; TomGuy; geezerwheezer; Supernatural; jpl; SueRae; FourtySeven; ovrtaxt; ...
"OK, Sen. Grassley, you've done the hard part. Now, EXACTLY what is the august U.S. Senate going to do about this illegal usurpation of its power by the Executive Branch? Nothing. That is exactly what we expect from a bunch of gutless, sniveling, groveling politicians sucking off the public teat."


Able Danger ping---

My guess is that Grassley will do what he has done in the past: He'll issue a press statement and hide under his desk like he did when Curt Weldon tried to stand up for LTC Anthony Shaffer and the Able Danger Team that was being hung out to dry by the liberals who were protecting Jamie Gorelick creator of "the wall". Of course the congress had to go silent to aid the 9/11 commission and their cover up of Gorelick's activities. They wouldn't have wanted her work for the Clintons to get looked at and have someone ask why she was moved over to Fannie Mae where she made $26MILLION in five years. - Not bad for government work, eh?

8 posted on 01/12/2012 4:02:45 PM PST by Baynative (The penalty for not participating in politics is you will be governed by your inferiors.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Baynative
she was moved over to Fannie Mae where she made $26MILLION in five years. - Not bad for government work, eh?

Uh Oh, someone didn't get the memo, we can't criticize capitalism anymore.

9 posted on 01/12/2012 4:16:22 PM PST by itsahoot (You are no longer a person, you are a Unit when you need health care.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Qbert

“Grassley hinted at Senate “action to check and balance” the president’s power grab....”

Let me give you a “hint” at exactly what Grassley will do... Nuttin! or next to it.


10 posted on 01/12/2012 4:29:07 PM PST by Vendome (Don't take life so seriously, you won't live through it anyway)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MasterGunner01; manc
That is exactly what we expect from a bunch of gutless, sniveling, groveling politicians sucking off the public teat.

And every time little bammy is let off the hook, every time he is allowed to flip the bird to American Citizens, every time he pizzes on The Constitution and is not restrained in any way he will, by the very nature of his mental illness, simply get worse, demand more and respond to the rule of law less.

He should be walked out on at the SOTU, each and every one holding a copy of The Constitution up for all to see and SCJ's turn their backs to him.

In front of all the damn cameras.

Then assemble outside of the United States Capitol to record a statement as a group, to be released to all news services, CSpan and the entirety (unedited) placed on Youtube, INCLUDING shots of all the news services that record it.

In it address each point of his lawless alleged "Presidency" and close it by stating if the Democrat Party wishes to retain any shred of credibility they will immediately engage a bi-partisan impeachment and subsequently remove him from office on conviction on those charges.

Of course most of the "republicans" are nothing more than career blabbermouths and can barely identify what State they are in at any given moment.

Few if any of the communists will even whisper a single work of opinion to His High Holiness, The One, Hussein Barri Shabazzz WTF The Magnificent even if they had a flamethrower pointed at them connected to a tanker full of nitro-based racing fuel.

Therefore what SHOULD be a fairly simple bitch-slap to the Poofter-in-Chief will not only never happen, Richard Cordray will probably be issued a hand written apology from Bone-head hizself.

And all the while the GOP just "can't understand" why they are flat broke.

.

11 posted on 01/12/2012 4:32:22 PM PST by TLI ( ITINERIS IMPENDEO VALHALLA)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Qbert
Where is one good man in the Senate? Are they all Quislings? Do they not have "Standing" and is their anyone with "A Pair" to ask the Supreme Court to consider this as a case?
12 posted on 01/12/2012 4:36:54 PM PST by taildragger (( Palin / Mulally 2012 ))
[ Post Reply | Private Reply | To 1 | View Replies]

To: MasterGunner01

OK, Sen. Grassley grow a set of stones and do something about it or just STFU. Cry me a river why don’t you.


13 posted on 01/12/2012 4:45:28 PM PST by OHPatriot (Our obligations to our country never cease but with our lives (John Adams))
[ Post Reply | Private Reply | To 2 | View Replies]

To: OHPatriot
For Sen. Grassley or a majority of the Republicans in the Senate to “grow a pair” is not possible. These guys are nothing but political eunuchs. They bow and scrape to their master Harry Reid at the command of Mitch McConnell. What a crap load of total losers!
14 posted on 01/12/2012 4:56:02 PM PST by MasterGunner01 (11)
[ Post Reply | Private Reply | To 13 | View Replies]

To: The Free Engineer

“Does it have anything to do with Daley quitting?”

Could be. The timing certainly seems to suggest that possibility. I get the sense that Daley wanted to play things “safer” (relative term) going forward, and Obozo and his inner circle wanted to march ahead with this with ultra-totalitarian thing that he’s doing now. Daley, from his experience, probably told him it was a bad idea that would ultimately backfire on him, and Obama the narcissist didn’t listen and got mad, so Daley said enough of this.

That’s my guess, anyways.


15 posted on 01/12/2012 5:26:03 PM PST by Qbert ("The best defense against usurpatory government is an assertive citizenry" - William F. Buckley, Jr.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: itsahoot

Fannie Mae isn’t capitalism any more than any other government agency. They’re all based on stolen taxpayer money, not capitalism.


16 posted on 01/12/2012 5:32:14 PM PST by hsalaw
[ Post Reply | Private Reply | To 9 | View Replies]

To: Qbert

Where’s Boehner to cut the funding hence forth?


17 posted on 01/12/2012 5:48:25 PM PST by Son House (The Economic Boom Heard Around The World => TEA Party 2012)
[ Post Reply | Private Reply | To 1 | View Replies]

To: hsalaw
Fannie Mae isn’t capitalism

In the sense that she worked for an enterprise and earned a salary, it is.

18 posted on 01/12/2012 6:10:35 PM PST by itsahoot (You are no longer a person, you are a Unit when you need health care.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: MasterGunner01

The Senate and the House better do something before Barry declares himself President for life and suspends the elections. Why not? He never gets his chain jerked for anything else.


19 posted on 01/12/2012 7:06:48 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Qbert
What are the GOP going to do about this usurper? Why aren't the RATS upset - the GOP can now use it when they rule from the WH.
20 posted on 01/12/2012 7:10:41 PM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Qbert
How Is President Obama Abusing Presidential Power?

Obama, the constitutional anarchist

Obama rips up the Constitution
21 posted on 01/12/2012 7:19:26 PM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
[ Post Reply | Private Reply | To 1 | View Replies]

To: itsahoot

Fannie Mae doesn’t count, as it was a quasi-, and is now, a government agency.


22 posted on 01/13/2012 7:16:25 AM PST by PghBaldy (War Powers Res: http://avalon.law.yale.edu/20th_century/warpower.asp)
[ Post Reply | Private Reply | To 9 | View Replies]

To: FreedBird

Will all this lead to a Special Prosecuter???


23 posted on 01/13/2012 10:06:23 AM PST by ridesthemiles
[ Post Reply | Private Reply | To 5 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson