Posted on 11/14/2018 7:34:51 AM PST by CaptainK
Trump’s DOJ says Whitaker can serve in acting role without Senate confirmation.
Matthew Whitaker can properly serve as acting attorney general without Senate confirmation, the Justice Department said in a legal opinion released Wednesday, though the document is unlikely to end the debate over Mr. Whitaker’s installation as the country’s top law-enforcement officer.
(Excerpt) Read more at wsj.com ...
The operative term here is “Acting”. SOMEBODY has to be filling the slot, and it may or may not be appropriate to place this before the current sitting Senate, but rather to wait until the new Senate members are sworn in.
Which won’t be long now.
“Which won’t be long now.”
At least for some of them.
I was going to say the same thing.
In this case the DOJ came up with the correct decision, but it's not their decision to make.
A private recommendation to their boss, the Chief Executive, would have been appropriate.
Rhetorical question: Would it be an issue if a similar situation arose during an obama or hillary administration?
The DOJ says who is allowed to be AG..... Banana Republic.
“This has to wind up in the SCOTUS, right?”
Probably will, due to political judges.
But it shouldn’t.
Having opinions that Democrats don’t like is not a valid reason for disqualification under the law.
Of course, this won’t stop them from throwing crap against the wall.
“This has to wind up in the SCOTUS, right?”
No, it actually shouldn’t make it to Court but among the Rats dreading justice; it’s likely to make one volley into federal court.
It should be summarily and quickly dismissed.
They are really scared of this guy aren’t they...Hopefully he can clean up the evil corruption there..unlike pos Sessions
What was all the cry about him recusing himself? He isn’t going to is he?
The court ruled 7-2 against the Obama administration. Even Breyer and Kagan agreed that Obama couldn't hire the NLRB nominees without Senate approval. Clarence Thomas wrote a brilliant compelling opinion that clearly suggested he'd find Whitaker's appointment to be unconstitutional. He described the provision of the Federal Vacancies Act as an "end-run around the Appointments Clause" as it relates to principal Officers appointed by the President.
Right - and there are no other Federal statutes that override (or attempt to override) the Constitution.
What do you think would happen if the President made an appointment for confirmation? Do you think this would go anywhere anytime soon?
There is nothing wrong with President Trump's decision to override the DOJ's succession policy, since that policy is an internal DOJ protocol and is not subject to Congressional oversight.
1. Keep an eye on Mueller and make sure any requests Mueller makes for additional DOJ resources or involvement (including indictments) are ignored.
2. Make sure the unredacted FISA documents related to the FBI/CIA/NSA surveillance of the Trump campaign are handed over to the House committees that have been demanding to see them.
Item #2 is time-sensitive because the GOP will no longer control those House committees after January 1st. I'm sure this is exactly why Sessions was fired immediately after the GOP lost the House on Election Day.
This is going to “trigger” the far left “prog” pancake eaters. They’ll be getting naked and dragging their knuckles all over town.
You all assume Kavenaugh is a reliable vote. I don’t.
Where were you then?
Should be in breaking news
Should be in fake news. Although, you do have to admire the fight in the Dems. Contesting everything POTUS does. Contrast that with the doormat GOPe who prostrated themselves for 8 years while Obama was POTUS.
Rosenstein was appointed to serve as the Deputy U.S. Attorney General in 2017, and he was confirmed to the post by the U.S. Senate as required by law. As a confirmed Presidential appointee he is constitutionally eligible to serve as the U.S. Attorney General in an acting capacity.
The Deputy AG is the first in line to succeed the Attorney General in the event of a vacancy, under the internal DOJ line of succession published by President Trump's most recent executive order in March 2017:
1. Attorney General
2. Deputy Attorney General
3. Associate Attorney General
4. U.S. Attorney for the Eastern District of Virginia
5. U.S. Attorney for the Eastern District of North Carolina
6. U.S. Attorney for the Northern District of Texas
President Trump chose to ignore his own succession plan -- which he has every right to do.
He’s Sessions’ guy! ;)
Based on his concurring opinion in the NLRB case I described above, I'm pretty sure Clarence Thomas would consider Whitaker's appointment to be unconstitutional.
P.S. -- Here's what the Trump administration is banking on: The Supreme Court will never render a decision because Whitaker will have a permanent replacement by the time it gets to the Supreme Court.
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