Whittakers appointment as acting AG is illegal

That’s actually not how it works…

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Funny how liberals defended Loretta Lynch on the tarmac secretly meeting with Bill Cllinton for 30 minutes while his wife was under a federal investigation. Liberals are just upset because they are about to be investigated to see how far they went with this Dossier. Colluding with a foreign spy to influence an election is definitely worth looking into. And with this recount fiasco where all the Repubs were up , and now all are magically behind their opponent with the recounts,The DNC is influencing our elections more than Russia ever could, they are just upset that they are about to have investigations headed their way, and that the SCOTUS and DOJ are no longer rubber stamps for the DNC.

Uh, yeah. That’s sort of the entire purpose of the DNC. The RNC too.

So when is this investigation getting under way? It’s been, what, two years?

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Trump didn’t submit Whittakers name as a nominee for the AG for Senate confirmation. Whittakers is in an acting capacity, not a recess appointment nominee.

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Extreme vetting continues!

Article II, Section 2, Clause 3, commonly known as the Recess Appointment Clause , provides that,

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Now, what part of this is not how it works?

Technically, he’s a recess appointment, and can serve until the next Congress convenes next year around Jan 20th IIRC.

Now back to my first question: was the senate in session or not when he was appointed.

No it actually has to do with wording of how they got rid of sessions…

Since he resigned they say he can be appointed short term…

If he was fired then he cant hold the seat…

No, technically he’s not a recess appointment.

Recess appointments are made when a nominee to permanently fill the position are submitted to Congress for confirmation. Trump put Whitaker in the spot in an “Acting” capacity which is temporary while he decides on a permanent replacement that he will nominate to Congress for confirmation.

Even Trump said he’s “acting” Attorney General. So his acting Attorney General must comport with the Vacancies Act. (Now whether he will be considered to have been legally appointed to this acting position, that is still up on the air.)

You make an incorrect assumption (that Whitaker was a recess appointment) and then ask as to the Status of the Senate (which is irrelevant since it wasn’t a recess appointment).


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Matthew Whitaker Can Legally Serve as Acting Attorney General, Justice Department Says

My shocked face looks like my normal face, so don’t expect me to look surprised.

Looks like the Democrats are already taking to their oversight roles, and will be finally holding the corruption of this administration to account. About time!

Thanks to the DOJ for giving their opinion… Now we can let the federal courts decide…

Trump is going to regret firing Sessions.

He is going to realize just how good he had it with the legislature running cover for his antics.

Absolutely. And when Ethics officials at DOJ recommend Whitaker recuse himself from the Russia probe, Trump will blow a gasket. And trying to get a permanent replacement for Sessions is going to be a chore, even with the 3 seat buffer they eeked out in the Senate.

Make no mistake, things are going to be getting a lot worse for Trump and the nation now that he, and his corrupt minions, are going to be held to account. Trump will gladly try to burn the nation down, rather than face the music. His largest regret in life will have been the decision to try and increase the marketing value of his name, by running for President and accidentally winning.

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Okay, so when a president sends a nomination to congress, does that person take over until confirmed, or is someone else “acting” in the position until the senate confirms?

If the president is allowed to have anyone they want in the acting position, it eliminates the effectiveness of advise and consent by the Senate.

Advice and consent is for losers. Donald Trump can have anyone he wants for AG. That’s his right as dictator.

Could be either way.

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No, there are two laws that give requirments for acting head of DOJ.

One says it “MAY” be used (not shall, not must).

If the president doesn’t do that optin, then SHALL be someone who has been in the department 90 days and SHALL have a minimum compensation level.

Senate gave it’s consent (and hasn’t revoked it since) by passing the law that if they meet those two requirments, then they are able to be acting head of an agency for a limited time.