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Trump’s Appointment of the Acting Attorney General Is Unconstitutional

HumblePi

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George Conway, spouse of Kellyanne Conway co-oped an opinion piece for the NY Times in which he claims that Trump's appointment of interim Attorney General Matthew Whitaker, is unconstitutional.

https://www.nytimes.com/2018/11/08/opinion/trump-attorney-general-sessions-unconstitutional.html

[snip]The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.

It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.[/snip]

Also, from the Huffington Post; https://www.huffingtonpost.com/entry/george-conway-new-york-times-op-ed_us_5be47732e4b0e843889555ac

“President Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid,” said Conway, a lawyer, in a piece co-written by former acting U.S. Solicitor General Neal K. Katyal.
 

haymarket

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I strongly suspect Trump does not care. This appointment is to derail the Mueller investigation and that will be accomplished long before anything can be done about the legality of this.

Trump has officially given the Constitution and the rule of law a giant middle finger and the Republicans are pretending it did not happen.
 

Winston

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George Conway, spouse of Kellyanne Conway co-oped an opinion piece for the NY Times in which he claims that Trump's appointment of interim Attorney General Matthew Whitaker, is unconstitutional.

https://www.nytimes.com/2018/11/08/opinion/trump-attorney-general-sessions-unconstitutional.html

[snip]The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.

It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.[/snip]

Also, from the Huffington Post; https://www.huffingtonpost.com/entry/george-conway-new-york-times-op-ed_us_5be47732e4b0e843889555ac

“President Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid,” said Conway, a lawyer, in a piece co-written by former acting U.S. Solicitor General Neal K. Katyal.

Conservatives don't care about the Constitution. This will hardly register.
 

Chillfolks

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Take em to court and see if these opinions hold water or not.
 

HumblePi

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Buckle up, this is going to get very rocky over the next month.
 

jnug

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Take em to court and see if these opinions hold water or not.

Agreed....needs to go to Court. Legal Beagles should be working overtime to identify who has Standing before the Court.

Gee, guess we should not have sunset that Independent Counsel Statute RIGHT AFTER USING IT. God we send blithering idiots to DC to run this country. At the very least we should have come up with a replacement for the Independent Counsel that would pass muster as clearly we still needed something.

What were we thinking "We won't ever elect a criminal again". Ya' right, based on what rose colored glasses view of the country was that?
 
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Chillfolks

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Agreed....needs to go to Court. Legal Beagles should be working overtime to identify who has Standing before the Court.

Gee, guess we should not have sunset that Independent Counsel Statute RIGHT AFTER USING IT. God we send blithering idiots to DC to run this country.


That would be the correct thing to do, but I honestly think both parties would rather it not go to court and be decided. Without a firm decision both sides can exploit it to gain votes
 

Mycroft

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George Conway, spouse of Kellyanne Conway co-oped an opinion piece for the NY Times in which he claims that Trump's appointment of interim Attorney General Matthew Whitaker, is unconstitutional.

https://www.nytimes.com/2018/11/08/opinion/trump-attorney-general-sessions-unconstitutional.html

[snip]The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.

It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.[/snip]

Also, from the Huffington Post; https://www.huffingtonpost.com/entry/george-conway-new-york-times-op-ed_us_5be47732e4b0e843889555ac

“President Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid,” said Conway, a lawyer, in a piece co-written by former acting U.S. Solicitor General Neal K. Katyal.

Opinions are like assholes.
 

Skeptic Bob

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One of the reasons the Deputy Attorney General is confirmed by Congress is to avoid this kind of mess when an AG steps down or is removed. Bypassing the Deputy AG to stick an unconfirmed person into the position does raise some legal concerns. This will be interesting to see play out.
 

Rexedgar

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One of the reasons the Deputy Attorney General is confirmed by Congress is to avoid this kind of mess when an AG steps down or is removed. Bypassing the Deputy AG to stick an unconfirmed person into the position does raise some legal concerns. This will be interesting to see play out.

Sometimes you just gotta say “**** it!” This is where they admit it’s not rain falling on your head.........
 

trouble13

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George Conway, spouse of Kellyanne Conway co-oped an opinion piece for the NY Times in which he claims that Trump's appointment of interim Attorney General Matthew Whitaker, is unconstitutional.

https://www.nytimes.com/2018/11/08/opinion/trump-attorney-general-sessions-unconstitutional.html

[snip]The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.

It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.[/snip]

Also, from the Huffington Post; https://www.huffingtonpost.com/entry/george-conway-new-york-times-op-ed_us_5be47732e4b0e843889555ac

“President Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid,” said Conway, a lawyer, in a piece co-written by former acting U.S. Solicitor General Neal K. Katyal.
Since when is the left concerned with something being constitutional?

Sent from my SAMSUNG-SGH-I467 using Tapatalk
 

calamity

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I strongly suspect Trump does not care. This appointment is to derail the Mueller investigation and that will be accomplished long before anything can be done about the legality of this.

Trump has officially given the Constitution and the rule of law a giant middle finger and the Republicans are pretending it did not happen.

I wonder what our Constitution worshiping Republicans think of this. :lol:
 

HumblePi

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Since when is the left concerned with something being constitutional?

Sent from my SAMSUNG-SGH-I467 using Tapatalk

Seriously, we're the only ones trying to protect and preserve it.
 

JustHanging

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George Conway, spouse of Kellyanne Conway co-oped an opinion piece for the NY Times in which he claims that Trump's appointment of interim Attorney General Matthew Whitaker, is unconstitutional.

https://www.nytimes.com/2018/11/08/opinion/trump-attorney-general-sessions-unconstitutional.html

[snip]The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.

It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.[/snip]

Also, from the Huffington Post; https://www.huffingtonpost.com/entry/george-conway-new-york-times-op-ed_us_5be47732e4b0e843889555ac

“President Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid,” said Conway, a lawyer, in a piece co-written by former acting U.S. Solicitor General Neal K. Katyal.

Sadly, I think the USA has become the BRA...The Banana Republic of America.
 

JustHanging

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HumblePi

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Sadly, I think the USA has become the BRA...The Banana Republic of America.

You know......'we' saw this danger two years ago. It seems the right might have seen it too but pushed it aside, dismissed it as fake. Now, it's more and more obvious to us that our greatest fears were not unfounded because it's all happening right before our eyes. Yet, to the right, they are still putting blinders on and not looking logically at the facts. Instead, they're justifying lies and validating the defying of U.S. laws, and in doing so are complicit with the erosion of what's going to be their rights as well as ours. It's very sad to realize just how many people in this country hold such little value for our freedoms and will just go along with having them, not really taken away just yet, but diluting them little by little.
 

jnug

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So now while I still worry about who would have Standing before the Court to bring a case regarding Whitaker, legal scholars from all across the political spectrum are rejecting Whitaker, some purely on the fact that Trump has bypassed candidates for the job that have already passed Senate review, others of the case predetermination and conflict of interest issues.

Most interesting thing I have heard so far which makes a world of sense: This is a fake AG. Anybody the Justice Dept is taking before the Court right now can argue that the Justice Dept can't haul them before the Court and could not from the day Sessions left and the fake AG took over. That should go over like a lead balloon.
 

Grokmaster

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George Conway, spouse of Kellyanne Conway co-oped an opinion piece for the NY Times in which he claims that Trump's appointment of interim Attorney General Matthew Whitaker, is unconstitutional.

https://www.nytimes.com/2018/11/08/opinion/trump-attorney-general-sessions-unconstitutional.html

[snip]The president is evading the requirement to seek the Senate’s advice and consent for the nation’s chief law enforcement officer and the person who will oversee the Mueller investigation.

It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.[/snip]

Also, from the Huffington Post; https://www.huffingtonpost.com/entry/george-conway-new-york-times-op-ed_us_5be47732e4b0e843889555ac

“President Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid,” said Conway, a lawyer, in a piece co-written by former acting U.S. Solicitor General Neal K. Katyal.

Complete, and utter MADEUP BULL****.


The ACTUAL LAW, regarding INTERIM or ACTING officials:


What’s Trump’s authority for superseding the AG Succession statute? He’s undoubtedly invoking the Vacancies Reform Act of 1998 (VRA), which provides (5 U.S.C. § 3345(a)(3)) that the President “may direct an officer or employee of [an] Executive agency to perform the functions and duties of [a] vacant office,” provided that the officer or employee has served, for at least 90 days during the year before the vacancy, in a position for which the pay is at least the level of GS-15—a criterion that Matthew Whitaker satisfies.

The Department of Justice’s formal view is that the VRA provides the President with an alternative authority, in addition to the AG Succession Act, to designate who shall perform the AG’s functions and duties during a vacancy in the office . Thus, for example, when AG Alberto Gonzales resigned in 2007, President George W. Bush named the Assistant Attorney General for the Civil Division, Peter Keisler, to be the Acting Attorney General, when the AG Succession Order in effect at the time, issued pursuant to the AG Succession Act, would have assigned those functions to the Solicitor General, then Paul Clement.
 

jnug

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Complete, and utter MADEUP BULL****.


The ACTUAL LAW, regarding INTERIM or ACTING officials:


What’s Trump’s authority for superseding the AG Succession statute? He’s undoubtedly invoking the Vacancies Reform Act of 1998 (VRA), which provides (5 U.S.C. § 3345(a)(3)) that the President “may direct an officer or employee of [an] Executive agency to perform the functions and duties of [a] vacant office,” provided that the officer or employee has served, for at least 90 days during the year before the vacancy, in a position for which the pay is at least the level of GS-15—a criterion that Matthew Whitaker satisfies.

The Department of Justice’s formal view is that the VRA provides the President with an alternative authority, in addition to the AG Succession Act, to designate who shall perform the AG’s functions and duties during a vacancy in the office . Thus, for example, when AG Alberto Gonzales resigned in 2007, President George W. Bush named the Assistant Attorney General for the Civil Division, Peter Keisler, to be the Acting Attorney General, when the AG Succession Order in effect at the time, issued pursuant to the AG Succession Act, would have assigned those functions to the Solicitor General, then Paul Clement.

If he meets the other requirements which he does not. Stop referencing Keisler who was already confirmed by the Senate before being elevated into the position. Just stop the nonsense. Legal scholars from all political sides are already puking all over this.

In fact, the two people legitimately functioning in their roles are Rosenstein and Mueller. A third is Noel Fransisco. Whitaker can't force Rosenstein to hand over documents to anybody and Whitaker can't interfere with Mueller at all. This is a Trump scam which will likely unravel quickly. Heck all it will take if will be a federal trial litigant to bring the Justice Dept to its knees for having a fake AG.
 

TobyOne

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Its so cute when Leftists invoke the constitution.
 
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