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Trump’s Appointment of the Acting Attorney General Is Unconstitutional

jnug

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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!!

Who doing who's job, Whitaker or Trump?

Trump's appointment does not conform to the Constitution and the Law.

If Whitaker attempts to impede Mueller in any way, we are on the way to a constitutional crisis, not that Donald would care. I suspect there is an Indictment on the way for Don Jr and both Sr and Jr know it.
 

Fishking

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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.

It's an interim appointment. That has to be made, on the spot. You can't let the entire agency be headless until Congress gets around to confirming someone or you even find a suitable replacement.
 

jnug

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It's an interim appointment. That has to be made, on the spot. You can't let the entire agency be headless until Congress gets around to confirming someone or you even find a suitable replacement.

BS.....approved candidates for the assignment Rosenstein and Noel Fransisco were sitting right there...no problem. Trump wanted a political hack...enter Whitaker, a buffoon ready made for the role.
 

HumblePi

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It's an interim appointment. That has to be made, on the spot. You can't let the entire agency be headless until Congress gets around to confirming someone or you even find a suitable replacement.

Rod Rosenstein is legally the next in the chain of command to temporarily fill that empty spot left by Sessions. Whitaker isn't qualified to fill that seat, even on a temporary basis.
 

Moon

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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!!
There constitutional and legal procedures that have to be followed. It sounds like there may be a conflict in this case, and I'm sure it will be decided by the courts.
 

jnug

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There constitutional and legal procedures that have to be followed. It sounds like there may be a conflict in this case, and I'm sure it will be decided by the courts.

This is another case of Don Donald and his mafia clan playing fast and loose with the law...in this case likely because there is an Indictment on the way for Don Jr. Hopefully it is well on the way so outright buffoon Whitaker can't touch it.
 

MrShangles

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

Just how is this unconstitutional ? Is it only constitutional if a democrat picks a Trump hater to fill the AG position?


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MrShangles

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

Trumps taking all this crap to the Supreme Court, and it looks like Trump might be getting another pick soon!
Liberals can’t play checkers with a chess player


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jnug

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Just how is this unconstitutional ? Is it only constitutional if a democrat picks a Trump hater to fill the AG position?


Sent from my iPad using Tapatalk

The Principles Role Requirement in the Constitution, plus the very VRA that is quoted as allowing Trump to name his political hack, Buffoon Whitaker to the post. Lets not even get into the specifics of why buffoon Whitaker should not have control over the Mueller Investigation as that is whole other set of reasons why Whitaker should not be there. This is nothing more than Don Donald and his mafia clan playing fast and loose with the Law. What else is new.
 

HumblePi

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Trumps taking all this crap to the Supreme Court, and it looks like Trump might be getting another pick soon!
Liberals can’t play checkers with a chess player


Sent from my iPad using Tapatalk

Democrats still have a few good moves after the blue wave washed them easily into the domination of the House.
 

NotreDame

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The Principles Role Requirement in the Constitution, plus the very VRA that is quoted as allowing Trump to name his political hack, Buffoon Whitaker to the post. Lets not even get into the specifics of why buffoon Whitaker should not have control over the Mueller Investigation as that is whole other set of reasons why Whitaker should not be there. This is nothing more than Don Donald and his mafia clan playing fast and loose with the Law. What else is new.

Does the Appointment Clause of Article II require advice and consent of the Senate for temporary assignments to an otherwise principal position in the executive branch? There is a great deal of ambiguity and uncertainty that the answer is yes.
 

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Rod Rosenstein is legally the next in the chain of command to temporarily fill that empty spot left by Sessions. Whitaker isn't qualified to fill that seat, even on a temporary basis.
Emphasis mine.

What legal rule, or legal source, are you invoking regarding the "chain of command"?
 

justabubba

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in today's press meeting as tRump was leaving for france it struck me as strange why the president would insist he did not know whitaker:
“I don’t know Matt Whitaker. Matt Whitaker worked for Jeff Sessions. And he was always extremely highly thought of, and he still is. But I didn’t know Matt Whitaker.”
but then look at this 10/11/18 video from faux and friends at this point: [34:45]
"Matt Whitaker is a great guy. I know Matt Whitaker"
why does the president today, after the appointment, insist he does not know the fellow he previously claimed to know?
 

justabubba

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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.

i am going to give another possibility for senate hesitation to impeach. they know that crazy, dimwitted, evangelical, mike pence and prefer not to inflict him upon the American politic
yes, i am probably being too kind ... but it is a possibility
 

jnug

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Does the Appointment Clause of Article II require advice and consent of the Senate for temporary assignments to an otherwise principal position in the executive branch? There is a great deal of ambiguity and uncertainty that the answer is yes.

Which is why it should a adjudicated through the Courts. The issue is finding an entity with Standing before the Court. Any Senator might be sufficient. Just not sure.
 

jnug

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in today's press meeting as tRump was leaving for france it struck me as strange why the president would insist he did not know whitaker:

but then look at this 10/11/18 video from faux and friends at this point: [34:45]

why does the president today, after the appointment, insist he does not know the fellow he previously claimed to know?


Trump is doing it because that is what a Family Crime Boss does. He disavows association with his underbosses in an effort to cover tracks from them to him. We should stop referring to Trump and his clan as anything other than a Crime Family. The GOP nominated the head of a Crime Family for the Presidency and the Bozo American public either voted for him in enough volume of stayed home on Election Day in enough volume to get him to the office.

He will be completely exposed as the head of a Crime Family during the course of the next two years. I don't think the GOP as we know it survives this and they have nobody to blame but themselves. They can't even make the argument that they did not know he was the head of a Crime Family before nominating him. Anybody that lived in the Tri-states knew that was what he was. Daddy Fred Trump or should I say Drumpf was mobbed up forever. Even if the GOP could make a claim of no knowledge pre-nomination, they have protected Trump from his first day in office and that will come back to haunt them.
 

Fishking

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BS.....approved candidates for the assignment Rosenstein and Noel Fransisco were sitting right there...no problem. Trump wanted a political hack...enter Whitaker, a buffoon ready made for the role.

I won't deny that Trump wants a right-hand there. Maybe Whitaker can even call himself Trump's "wingman". I mean, it was OK for Eric Holder to say that about Obama so it's not like having a political hack holding the position is something unprecedented.
 

Athanasius68

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Rod Rosenstein is legally the next in the chain of command to temporarily fill that empty spot left by Sessions. Whitaker isn't qualified to fill that seat, even on a temporary basis.

As per the the Vacancy Act, yes, he is.
 

Athanasius68

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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.

Whitaker meets the other requirements. As acting head of DOJ, he is now Rosenstein, Mueller et. al. supervisor so he can "force" those guys to hand over docunents. Of course, Whitaker as a temporary head might not wish to rock to boat, and Trump, as Whitaker'a supervisor, might not wish him to either.
 

jnug

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Whitaker meets the other requirements. As acting head of DOJ, he is now Rosenstein, Mueller et. al. supervisor so he can "force" those guys to hand over docunents. Of course, Whitaker as a temporary head might not wish to rock to boat, and Trump, as Whitaker'a supervisor, might not wish him to either.

He doesn't meet the other requirements. He does not have Senate approval.

He will be roundly ignored as soon as he makes a move that either effects investigations or prosecutions. They will let him walk in the front door at 8:00am and walk out at 5:00 and thats about it.

The man is under investigation by the FBI for his dealings in a scam patent company. He has not even handed over the money he made out of that company as he was ordered to by the courts and as every other board member of that same company has. Justice Dept Office of Professional Responsibility will lower the boom on him for one thing and that will be that.
 

Athanasius68

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He doesn't meet the other requirements. He does not have Senate approval.

He will be roundly ignored as soon as he makes a move that either effects investigations or prosecutions. They will let him walk in the front door at 8:00am and walk out at 5:00 and thats about it.

The man is under investigation by the FBI for his dealings in a scam patent company. He has not even handed over the money he made out of that company as he was ordered to by the courts and as every other board member of that same company has.

He doesnt need to- yet. He is a temporary placeholder. He has 210 days to be replaced with a permanent AG or to be nominated himself (during which time he cannot be head of the departnent). 'Tis the law.
 

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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.

Whitaker ripped off disabled Veterans, as did Trump. Does the Right care, nope. Very low standards in leadership.
 

jnug

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He doesnt need to- yet. He is a temporary placeholder. He has 210 days to be replaced with a permanent AG or to be nominated himself (during which time he cannot be head of the departnent). 'Tis the law.

He will be ignored in any case or jurisdiction that he tries to step into. He is about to meet an avalanche of filings from litigates over his illegitimacy and until the courts decide what to do with him he will remain toothless.

Either that or Trump or Whitaker realize this sham has got their butt ends hung out in the breeze and Whitaker resigns.
 
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