Posted on 02/22/2018 1:35:02 AM PST by Freedom of Speech Wins
> “You are missing the whole point of the statement. Rosenstein MAY assume the duties of AG. It does not say SHALL. Those are 2 very different legal terms. MAY gives discretion. SHALL gives no leeway. It has to be done.”
Of course, I understand that distinction but that is not “the whole point”.
The “whole point” is that the President may not pick who he prefers unless he has consent from Congress and that includes confirmed nominees or recess appointments when Congress is adjourned, both of which are not offered by McConnell. That’s the point.
You seem to think the President can reach down into the DOJ and just pluck someone for the job. It doesn’t work that way.
Sessions was an epic mistake. He needs to go but I think Trump is stuck with him for the first term.
An appointment of an acting AG is NOT the same as a confirmed nominee or a recess appointment. It does not require consent from Congress required.
You seem to think the President can reach down into the DOJ and just pluck someone for the job. It doesn’t work that way.
I'm afraid it does. Trump did just that when he fired Yates. At 9 PM that evening he swore in Dana Boente, US attorney for the Eastern District of Virginia,as acting AG. There was no consent from Congress.
Well stated.
“It’s official. Sessions has no shame whatsoever. Anyone who had any would have taken the hint and resigned within an hour of the tweet.”
As I said sometimes already, he is not only incompetent and lazy, he is evil.
Apples and oranges.
YOU SUGGEST THAT TRUMP CAN FIRE SESSIONS AD APPOINT WHOEVER HE WANTS WITHOUT SENATE APPROVAL OR ADJOURNMENT.
Nope, that’s not how it works.
Yates was fired for insubordination and the job fell to Rosenstein who was confirmed after.
Trump did not pick Rosenstein. He nominated him at the recommendation of Sessions who nodded and forwarded his name at the behest of other DOJ senior managers. Trump did not urge the appointment. The appointment was strictly according to statute.
Trump interviewed Rosenstein as per protocol. Trump had no other choices presented to him for the position. The process was statutory.
The statute specifically calls for a person that has served for at least 90 days in the position. Rosenstein satisfied the statute. Had nothing to do with Trump.
Trump was not allowed to bring someone from the outside unless confirmed by the Senate or recess appointed, both options not available to him.
So no, it doesn’t work the way you suggest. Repeating, you suggest that Trump can fire Sessions and appoint who he wants without Senate consent or adjournment. Not the way it works.
I never suggested that. This whole thread was on the assumption that Sessions resigned.
Trump did not pick Rosenstein
You do realize that Rosenstein is not AG, but Deputy AG. We are talking about the appointment of an acting AG.
Repeating, you suggest that Trump can fire Sessions and appoint who he wants without Senate consent or adjournment.
Once again I never suggested that. Now, if Sessions were to resign , Trump could appoint who he wants from the DOJ as ACTING AG . You seem to be confused that appointing someone ACTING AG is the same as appointing someone as the AG. It is NOT THE SAME. Trump did just that when he fired Yates. He appointed Dana Boente as ACTING AG. When Sessions was confirmed and sworn in on Feb 9, Boente became ,ACTING DEPUTY AG ( once again , no Senate consent needed. ) When Rosenstein was CONFIRMED by the Senate and sworn in, Boente was replaced. So you can say that is not the way it works all you want, but it is EXACTLY how it worked.
Fire him while Congress is on vacation and make a recess appointment of someone with no DOJ links and a one year mandate to clean the stables.
You started by misquoting a statute for vacancies and implied that Trump could ‘appoint’ who he wanted as AG or as Deputy AG, acting or not.
> “ Now, if Sessions were to resign , Trump could appoint who he wants from the DOJ as ACTING AG “
AG or Deputy AG, acting or not, you implied Trump could put whoever he wants into those positions. That is a false assertion. He can only do so if the Senate approves or if there is a recess.
The statute is written for an orderly succession. The President does not have the legal authority to override statutes. He is frustrated and has said so.
The statute 5 U.S. Code § 3345 is clear (I paraphrase in CAPS):
(a) If AG SESSIONS ... resigns ... —
(1) the first assistant to the office ROSENSTEIN shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President ... may direct ROSENSTEIN, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily ... ; or
(3) notwithstanding paragraph (1), the President may direct an officer or employee of THE DOJ to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if— <-—IF
(A) during the 365-day period preceding the ... resignation, ... the officer or employee served in a position in such agency for not less than 90 days;
https://www.law.cornell.edu/uscode/text/5/3345
Now let’s repeat more concisely: the President can only choose Rosenstein as Acting AG or someone else in the DOJ who has been there for at least 90 days. That means the President is not allowed to “who he wants” as you have suggested.
The resignation of Sessions does not allow the President to appoint “appoint who he wants” in an acting capacity.
He fired Yates because she was clearly in defiance of his policy; she deserved it. He had no choice. But look who he got, Rosenstein. And look who Rosenstein brought.
You suggest that he draw from the same pool to replace Sessions or Rosenstein as acting AG/Deputy AG. That’s an insane decision because it begs the same result, another swamp person to foil the President’s direction and act to impede his presidency.
Your reference to vacancy statutes do not mean what you imply in this context. The President is not free to ‘appoint’ as he pleases unless he has consent from Congress or he is allowed a recess appointment. Trump has no good choices.
The President has said he is frustrated and I can see why.
There is a case building against Rosenstein who is up to his eyeballs in what appear to be actions bordering on sedition or at least gross negligence.
When the case is complete against Rosenstein, then I see the President having leverage with McConnell as long as the GOP retains control of the Senate. In my observations, McConnell doesn’t care if he’s in the majority or minority, He answers only to those that maintain him as gatekeeper of the GOP senate slush fund.
Do you really believe there are 15,000 Sealed Indictments? Someone with a PACER account puts these numbers in graph form and everyone believes. I don’t think there are enough Federal LEO’s to handle all those people. There is also no way to charge all those people without anyone else in the Federal Court system finding out. That assumes there are 1 person in each Indictment. If there are 36 people in each Indictment, there would be over 100k people charged. That would be impossible. LEOs can’t handle 20 people a week in most courts. There are not enough lawyers. Every case would have multiple conflicts of interest. Think about this. Does this make sense?
Jeffy sounds just like John “The Town Crier” Boehner; spewing typical political generalization-speak that means absolutely nothing.
On Jeffy’s behalf, keeping quiet is also a good tactic to track leaks, which he allegedly is ferreting out; but intensely frustrating to us who have had to suck up the obvious criminality of the Rats and GOPe pubes for far too long. If Jeffy has 27 leak investigations ongoing, I have to admit, it is pretty quiet out there insofar as leaking is concerned, thereby indicating he may have identified a good number of these Rat scum.
The statute 5 U.S. Code § 3345 is clear (I paraphrase in CAPS):
(a) If AG SESSIONS ... resigns ... —
(1) the first assistant to the office ROSENSTEIN shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President ... may direct ROSENSTEIN, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily ... ; or
(3) notwithstanding paragraph (1), the President may direct an officer or employee of THE DOJ to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if— <-—IF
(A) during the 365-day period preceding the ... resignation, ... the officer or employee served in a position in such agency for not less than 90 days;
An interesting read, but as the statute reads, Trump DOES have said authority, under 3345(a)(3)(A). The three subheadings (1), (2), and (3) are in the alternative (”or”). Thus, 3345(a)(3)(A) stands by itself, as does 3345(a)(2).
Donald Trump needs to shut his mouth about gun control
Speaking of base
But only if Jeffy RESIGNS, according to what you posted.
Plus one
Freepers have always been a torches and pitchforks lot
What happens if Jeff Sessions wakes up?
5.56mm
Sesssions was a big mistake.
Fine. Pull an Obama and appoint some silly “czar” to punch Jeff Sessions in the vagina every day until he wakes up and does something American!
The nuance is he does not have authority to get who ‘he wants’. He has to draw from those in the system.
That means he draws from the Swamp to replace others in the Swamp.
That is why it is a total suck situation.
To get who he ‘wants’, he has to get Senate approval or a Senate adjournment for a recess appointment. But McConnell is not allowing him those options.
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