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Matthew Whitaker Can Legally Serve as Acting AGl, JD Says
WSJl ^
| 11/14/2018
| Sadie Gurman
Posted on 11/14/2018 7:34:51 AM PST by CaptainK
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1
posted on
11/14/2018 7:34:52 AM PST
by
CaptainK
To: CaptainK
Should be in breaking news
To: CaptainK
This has to wind up in the SCOTUS, right?
3
posted on
11/14/2018 7:36:29 AM PST
by
Bratch
("The only thing necessary for the triumph of evil is for good men to do nothing." - Edmund Burke)
To: CaptainK
How is the DoJustUs allowed to make their own law to govern themselves?
4
posted on
11/14/2018 7:36:55 AM PST
by
Paladin2
To: Bratch
Isn’t everything going to the SC these days?
5
posted on
11/14/2018 7:37:12 AM PST
by
CaptainK
('No collusion, no obstruction, he's a leaker')
To: Paladin2
Shouldn't the JD know who is eligible to head their department?
6
posted on
11/14/2018 7:38:39 AM PST
by
CaptainK
('No collusion, no obstruction, he's a leaker')
To: CaptainK
It’s a valid legal argument, but the bigger question is whether the Federal Vacancies Act is constitutional as it applies to “principal officers” of the Executive Branch under the Appointments Clause of the U.S. Constitution.
7
posted on
11/14/2018 7:39:22 AM PST
by
Alberta's Child
("The Russians escaped while we weren't watching them ... like Russians will.")
To: Paladin2
I assume the memorandum references laws and prior case rulings to document their analysis and conclusion
8
posted on
11/14/2018 7:39:39 AM PST
by
Raycpa
To: CaptainK
The exact wording of section a3 of the Federal Vacancies Reform Act of 1998, (5 U.S.C. § 3345) is:
"the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if (A)during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days"
I wonder which of those words the naysayers don't understand.
9
posted on
11/14/2018 7:39:44 AM PST
by
norwaypinesavage
(The stone age didn't end because we ran out of stones.)
To: CaptainK
Damn the torpedoes, full speed ahead!
10
posted on
11/14/2018 7:39:46 AM PST
by
laplata
(The Left/Progressives have diseased minds.)
To: CaptainK
Shouldn't the JD know who is eligible to head their department?Of course not when it's a Republican administration. Everyone knows that!
11
posted on
11/14/2018 7:39:56 AM PST
by
Dahoser
Comment #12 Removed by Moderator
To: Paladin2
It's a legal opinion based on existing Federal statute.
I don't think Whitaker's appointment is constitutional, but I'm happy to see President Trump cause such havoc with this move. LOL.
13
posted on
11/14/2018 7:41:02 AM PST
by
Alberta's Child
("The Russians escaped while we weren't watching them ... like Russians will.")
To: Bratch
What do the judges in Hawaii think?
14
posted on
11/14/2018 7:41:42 AM PST
by
Obadiah
To: Bratch
This has to wind up in the SCOTUS, right?I hope it does.
To: laplata
I’m waiting for the RATS heads to fall off any moment now.
16
posted on
11/14/2018 7:42:06 AM PST
by
hsmomx3
To: laplata
Damn the torpedoes, full speed ahead!
_____________
Yep, this news is good for many reasons.
To: norwaypinesavage
The heart of the issue is simple. The U.S. Constitution requires every Presidential appointee other than “inferior Officers” to be confirmed by the U.S. Senate. A Federal statute cannot override the Constitution.
18
posted on
11/14/2018 7:42:33 AM PST
by
Alberta's Child
("The Russians escaped while we weren't watching them ... like Russians will.")
To: norwaypinesavage
P.S. — There’s no exception for “acting” or “temporary” appointments in the Constitution other than recess appointments, which is not the case here.
19
posted on
11/14/2018 7:43:46 AM PST
by
Alberta's Child
("The Russians escaped while we weren't watching them ... like Russians will.")
To: conservativepoet
Yeah, like it is the ONLY good news of late.
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