Judge Napolitano says Trump's acting AG isn't qualified for role

Twitter ^ | 8 Nov 18 | New York Post

[Alberta's Child]

I think Napolitano is 100% correct on this.

It's a fascinating issue that revolves around the clear Constitutional requirement for the U.S. Attorney General to be confirmed by the Senate. The Federal statute regarding succession and the appointment of cabinet members in "acting" roles is almost certainly unconstitutional on this point.

What's interesting is that nobody outside the Senate really has the legal standing to challenge the appointment unless and until Whitaker starts to perform any "official" functions as AG. I suspect he will never perform any such functions at all. He probably won't hire or fire any senior DOJ officials, will not sign off on any Federal civil or criminal case as AG, etc.

Let's see how this plays out. I have an interesting theory about what this appointment was all about:

Whitaker was probably put there just to cut Rosenstein out of two processes: (1) oversight of the Mueller investigation; and (2) the DOJ stonewalling of Congressional demands for documents related to the illicit FISA warrants and the CIA/FBI interference in the 2016 election.

[grey_whiskers]

So what?

[faithhopecharity]

Far better qualified then holder was

[snoringbear]

“Judge Napolitano is really sounding like a leftist these last few months. It sickens me to listen to him lately. He probably wants POTUS to pick him for the AG position. NO.“

Yeh, when he comes on Fox now I flip to the Food Channel. I’ve noticed that since the death of his “dear friend”. He’s been vectoring Left....

[bmwcyle]

Judge Napolitano has a worthless POS since they stop his show. He has loss all credibility.

[Alberta's Child]

1. This is absolutely NOT a recess appointment (the Senate is not in recess), so that doesn't even apply here.

2. There is no constitutional basis for a "temporary" appointment to a role that requires Senate confirmation unless the role is filled on a temporary basis by someone else who has already been confirmed by the Senate. This is why the internal DOJ succession chain for unexpected departures involves only DOJ officials who have been confirmed: Deputy AG, Associate AG, Solicitor General, and then a series of U.S. Attorneys in prominent districts.

[Alberta's Child]

See Post #41.

Napolitano is right, and most of the Freepers on this thread are wrong. Don't shoot me ... I'm just the messenger. LOL.

[a little elbow grease]

"Napolitano is neither a leftist nor a rightist. He is just an egotist."

_________________

Pretty true.

[grey_whiskers]

You don’t want to go there. The military is backing PJDT.

[ScottfromNJ]

“Clarence Thomas happens to agree with Napolitano on this.”

I haven’t heard Thomas chime in on Whitaker’s individual qualifications. What did he say?

[Zathras]

Another infiltrator at Faux pretending to be a Conservative.

[KavMan]

I turned on Judge Nap when I heard him say building The Wall is unconstitutional or some sh*t

[fedupjohn]

1. This is absolutely NOT a recess appointment (the Senate is not in recess), so that doesn't even apply here.

The Senate is in recess for the Elections since the 2nd week of October, he can run it for 210 days.

[JPG]

I used to enjoy Nappy's insights.

Used to.

[Alberta's Child]

See Thomas' concurring opinion in National Labor Relations Board v. SW General, Inc. (2017). This was the infamous NLRB decision where Obama's appointment of the NLRB general counsel without Senate confirmation was challenged by a company that had been targeted by the general counsel's office in some kind of legal proceeding.

[airborne]

So a guy who was a judge in New Jersey back in 1995 thinks he’s the smartest guy in the room.

Sounds about right.

[Pravious]

Oh, shut you you ugly little faggot.

[hardspunned]

After dealing with the likes of Holder, Lynch and Sessions don’t talk to me about “qualified” AG’s.

[Alberta's Child]

Uh, no.

Tuesday, Nov 06, 2018 -- The Senate convened at 4:00 p.m. for a pro forma session.

U.S. Senate Calendars and Schedules

[Roman_War_Criminal]

Did Napolitano sell out to Soros?