Trump’s Appointment of the Acting Attorney General Is Unconstitutional

[HumblePi]

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.

WRONG.

Article #2 section#2 clause #2 of the U.S. Constitution clearly states that 'principles' in our government, which would be Jeff Sessions, must be confirmed by the Senate. They may be appointed by the president but must be confirmed by the Senate

 

[jnug]

In fact I would not be at all surprised if there are sealed Indictments siting out there for Stone and Don jr right now. In which case, this Whitaker boondoggle is entirely for naught.

 

[HumblePi]

In fact I would not be at all surprised if there are sealed Indictments siting out there for Stone and Don jr right now. In which case, this Whitaker boondoggle is entirely for naught.

Whitaker can say whatever he wants on radio, to tv, to magaznies newspapers, reporters on the street. He can tweet, blog, youtube about it and say whatever because his words had no consequences in the past. But now it's real and very different. His every word and action will have consequences for him first and foremost and any tricky, shady thing he wants to try he'll have to go against the Congress, the House, the DOJ itself, the FBI and the courts. Everyone will be on him, and demanding from him and this is why Sessions did nothing to stop Mueller. How many say bulls**t about Mueller and yet there's one who doesn't and that's Lindsey Graham. What's different about Graham? He's elected, the others aren't. That's why Graham has always said "I ain't touching Mueller" because he's not that stupid to try it. He's held accountable for the words he can say and if he doesn't deliver, he'll pay for it. That's why he doesn't run his mouth like all the others

 

[trouble13]

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

Until it gets in the way of something you want

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[trouble13]

Duplicate

 

[Luckyone]

Since when is the left concerned with something being constitutional?

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How is this "on topic"?

Are we a Constitutional country or not? Do you believe in the Constitution Trouble? Supposedly it is the right that believes in the Constitution and yet the right is the one that seems to be stepping on the Constitution via Trump that is trying to run this country like a Dictator. He does not care one iota about the Constitution, he only cares about doing what he wants to do. The Constitution be damned.

 

[Luckyone]

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.

I wonder how you would feel if Trump put Hillary as Attorney General? Would you be as supportive of the action?

 

[yankintx]

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

They will worship the second while pissing on the rest.

 

[trouble13]

How is this "on topic"?

Are we a Constitutional country or not? Do you believe in the Constitution Trouble? Supposedly it is the right that believes in the Constitution and yet the right is the one that seems to be stepping on the Constitution via Trump that is trying to run this country like a Dictator. He does not care one iota about the Constitution, he only cares about doing what he wants to do. The Constitution be damned.

View attachment 67243979

If you read the post I was responding to you would know why it was on topic.

Trump has not done anything unconstitutional so far.

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[HumblePi]

Until it gets in the way of something you want

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The U.S. Constitution was amended just 27 times in its 227-year history. You are suggesting that Democrats just change it at will and you couldn't be more wrong. It's just more hyperbole coming from the right. Despite their all too obvious differences, one surprising policy unites the Democratic and Republican candidates for president: almost all of them want to change the US constitution.

From Bernie Sanders on the left to Ted Cruz on the right, seven of the eight politicians that ran for president in 2016 have also supported the passage of a constitutional amendment. Some Democrats, such as Bernie Sanders and Hillary Clinton, had voiced support for an amendment as a last resort to reduce the power of money in political life, reversing a supreme court decision that removed campaign finance limits. This would be intended to “limit the corrosive influence of money in our democratic process”.

Mike Huckabee and Ben Carson had backed a long-standing Republican campaign for a balanced budget amendment that would stop Congress racking up the national debt. Rand Paul wants to change the constitution to limit how long lawmakers can serve in office. Marco Rubio and Ted Cruz have respectively supported amendments to challenge Obamacare and gay marriage.

It's been twenty-six years since the Constitution was amended. The 27th Amendment passed back in 1992 is now nothing more than a footnote. It stopped Congress from hiking its salaries mid-session, a symbolic act that did little to improve the public’s opinion of Capitol Hill. It was first proposed in 1789, but it took 200 years and a campaign by a Texas university student before it was finally ratified.

 

[Praxas]

Actually I’m not so I guess either your theory is wrong or your assessment of me is

Nope it just means I question your honesty about it.

 

[AliHajiSheik]

I wonder how you would feel if Trump put Hillary as Attorney General? Would you be as supportive of the action?

But Hillary? Wow.

 

[Carleen]

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 Whitaker was never vetted, he has been placed illegally by Trump. That seems straight forward IMO.

 

[Luckyone]

If you read the post I was responding to you would know why it was on topic.

Trump has not done anything unconstitutional so far.

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Key word is "so far" but he certainly is standing on the precipice of one (Constitutional crisis) and it is looking like he is thinking about jumping. Trump is so scared of Mueller that he is ready to to anything to prevent the man from "spilling the beans" on everything wrong that Trump has done, and in my opinion, it is going to be "eye opening" to the Republicans as how crooked Trump really is. The big question is going to be "whether the Republicans care if Trump is crooked or not". My bet is on "no, they will not care". Irresponsibility and incompetence in running our nation is of no concern to the Trump supporters, they just want their economy, unemployment and small benefits to continue, the Constitution be damned.

It is sad to know the depths this nation has fallen to. I see sewer rats running around already and they are not Democratic ones.

 

[ashurbanipal]

Opinions are like assholes.

Yeah...this is not really a matter of opinion.

 

[trouble13]

The U.S. Constitution was amended just 27 times in its 227-year history. You are suggesting that Democrats just change it at will and you couldn't be more wrong. It's just more hyperbole coming from the right. Despite their all too obvious differences, one surprising policy unites the Democratic and Republican candidates for president: almost all of them want to change the US constitution.

From Bernie Sanders on the left to Ted Cruz on the right, seven of the eight politicians that ran for president in 2016 have also supported the passage of a constitutional amendment. Some Democrats, such as Bernie Sanders and Hillary Clinton, had voiced support for an amendment as a last resort to reduce the power of money in political life, reversing a supreme court decision that removed campaign finance limits. This would be intended to “limit the corrosive influence of money in our democratic process”.

Mike Huckabee and Ben Carson had backed a long-standing Republican campaign for a balanced budget amendment that would stop Congress racking up the national debt. Rand Paul wants to change the constitution to limit how long lawmakers can serve in office. Marco Rubio and Ted Cruz have respectively supported amendments to challenge Obamacare and gay marriage.

It's been twenty-six years since the Constitution was amended. The 27th Amendment passed back in 1992 is now nothing more than a footnote. It stopped Congress from hiking its salaries mid-session, a symbolic act that did little to improve the public’s opinion of Capitol Hill. It was first proposed in 1789, but it took 200 years and a campaign by a Texas university student before it was finally ratified.

Basically you're saying you agree with me.

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[HumblePi]

Basically you're saying you agree with me.

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Essentially, 'no'

 

[jnug]

Trump this morning on Whitaker:
"I don't know Matt Whitaker. I hired somebody that worked for Sessions. Whitaker is highly respected especially by law enforcement"

What does that mean, Trump found an Iowa cop that likes him? Is that it. What a lying sack. "I don't know Matt Whitaker".

So you dropped somebody into the top spot at Justice without knowing anything about him, nor discussing his role nor your expectations. If true it sounds more like a mafia crime family every single day with the boss of bosses entirely segregated from actual discussions with the underlings as a means of protecting himself.

What a joke. Trump has taken his family mafia and turned it into a government mafia.

More Trump nonsense this morning. "The WH is a very sacred place to me".

Geez Donald you take a dump on it everyday.

 

[jnug]

Oh my God Donald.

"Whitaker has gone through a Senate process but Mueller was not Senate confirmed."

Whitaker never came through Senate confirmation in this Administration dumbo.

Calvin Coolidge appointed two special counsels, Atlee Pomerene and Owen Roberts to investigate the Teapot Dome scandal. This appointment was unique in that it was mandated under a special Congressional joint resolution, and was subject to approval in the Senate, similarly to a cabinet appointment. This process was unique in the history of federal special prosecutors.

Unique Donald, unique to the special counsels appointed throughout history.

Earth to Donald....Mueller was confirmed by A Senate as FBI Director, not that it is even relevant to his position as Special Counsel.

Donald is just so utterly gone now, I now believe those that think he will not even make a second run at the Presidency.

 

[TrumpTrain]

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.

This post is way too slanted and biased.

First of all Trump is NOT going to "evade" his own Republican Senate. He may appoint someone to act UNTIL the Senate can take up a formal hearing, but that happens all the time.

Second, it is impossible for him doing his job to be "unconstitutional."

You just can't quote the fake news NYT and be taken seriously.

 

[jnug]

This post is way too slanted and biased.

First of all Trump is NOT going to "evade" his own Republican Senate. He may appoint someone to act UNTIL the Senate can take up a formal hearing, but that happens all the time.

Second, it is impossible for him doing his job to be "unconstitutional."

You just can't quote the fake news NYT and be taken seriously.

What the f--- does that even mean?

 

[Mycroft]

Trump this morning on Whitaker:
"I don't know Matt Whitaker. I hired somebody that worked for Sessions. Whitaker is highly respected especially by law enforcement"

What does that mean, Trump found an Iowa cop that likes him? Is that it. What a lying sack. "I don't know Matt Whitaker".

So you dropped somebody into the top spot at Justice without knowing anything about him, nor discussing his role nor your expectations. If true it sounds more like a mafia crime family every single day with the boss of bosses entirely segregated from actual discussions with the underlings as a means of protecting himself.

What a joke. Trump has taken his family mafia and turned it into a government mafia.

More Trump nonsense this morning. "The WH is a very sacred place to me".

Geez Donald you take a dump on it everyday.

What Trump is saying is that Whitaker is a place holder. Nothing more.

You should be more worried about who Trump trots out as his AG nominee.

 

[jnug]

What Trump is saying is that Whitaker is a place holder. Nothing more.

You should be more worried about who Trump trots out as his AG nominee.

What.....??????

Sorry, I know when Trump lies through his teeth, imports his brand of mafia racketeering into the administration and talks gibberish his "fans" (Donald's word) simply don't care. The rest of in a growing Majority do care.

 

[TrumpTrain]

This post is way too slanted and biased.

First of all Trump is NOT going to "evade" his own Republican Senate. He may appoint someone to act UNTIL the Senate can take up a formal hearing, but that happens all the time.

Second, it is impossible for him doing his job to be "unconstitutional."

You just can't quote the fake news NYT and be taken seriously.

What the f--- does that even mean?

LOL! Wow. Do I need to spell it out? The thread title says, "Trump’s Appointment of the Acting Attorney General Is Unconstitutional".

Again, it is impossible for him doing his job to be "unconstitutional." It is Trump's job to appoint an AG, so how can appointing an AG be unconstitutional!!

 

[HumblePi]

This post is way too slanted and biased.

First of all Trump is NOT going to "evade" his own Republican Senate. He may appoint someone to act UNTIL the Senate can take up a formal hearing, but that happens all the time.

Second, it is impossible for him doing his job to be "unconstitutional."

You just can't quote the fake news NYT and be taken seriously.

NYT isn't fake news, that's Fox. The opinion pieces quoted was co-authored by George Conway, the NYT just published the piece. The husband of Trump's own legal counselor, Kellyanne Conway, is an attorney and a graduate of Harvard College and Yale Law School. He has no agenda other than the facts per U.S. law.