Whittakers appointment as acting AG is illegal

I’ve had enough of the Senate legislating away their constitutional duties. It’s madness and not consistent with the intent of the founding fathers.

So the EPA and all the others should stop with the over regulations that haven’t been approved by congress as well correct?

You should file a brief in this case…
http://www.marylandattorneygeneral.gov/News%20Documents/ECF_6.pdf

Where does the Constitution mandate they write every regulation by the EPA?

Because I can show you where it says that cabinet officials have to have advise and consent.

So you don’t want to address the laws that I referenced?

You have NO opinion on the laws that have been used since the 1960’s without any challenge?

Unelected people making law. Where is that in the constitution? please and thank you.

And again, when a person resigns (as is the case) and there is a vacancy – should it remain vacant with no one to make decisions until a person has been nominated and approved? Remember the DAJ has NOT recieved consent from the senate to be the AJ

Do you mean to tell me the Senate didn’t know that the Deputy Attourney General doesn’t take over for the Attourney General when they’re unable to do their job?

Of course they do.

The laws says MAY take over.

Doesn’t say SHALL

Senate knows that, and they also know there is a second law allowing for an alternative while the nomination process takes it’s course.

Where does the constitution say the DAG is the one to run the agency when a vacancy occures?

They are addressed in the motion filed by the AG of Maryland…

Not according to the law. The law says “MAY”

So the senate knows that the DAG isn’t a given to take over.

This has nothing to do with the issue you raised, which was the Senate not giving advise and consent for the DAG to be acting AG.

The issue is whether the Senate anticipated the DAG was likely to hold the responsibility of the AG in the event they were unable to fulfill their duties. Obviously the Senate knows that.

Trump could, by your argument, put anyone he wants as AG for the rest of his time in office.

Looking into things… it doesn’t seem that Whitaker is all that bad.

When he was on the advisory board for “World Patent Marketing” they had some real good business strategies including Bigfoot and Time Travel.

I am sure that he won’t become a liability at all.

https://www.washingtonpost.com/opinions/matthew-whitaker-is-steeped-in-time-travel-and-bigfoot-hes-the-right-man-for-the-job/2018/11/13/2ed59fc8-e785-11e8-b8dc-66cca409c180_story.html?noredirect=on&utm_source=reddit.com&utm_term=.d070319d04e9

I would LOVE to watch the confirmation hearings.

It gets even better with every passing day:

Including ripping off Veterans. So of course he is the right man for the job. Trump proved over the weekend and on Monday that he does not give two rips about the men and women who have volunteered to make the ultimate sacrifice for us all.

Leave Whitaker alone… Look at the great things his company helped bring to market…

https://twitter.com/aaronwiener/status/1062773541043605505

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Amazing.

More letters.

Sure it does. Typically wording in legislation is chosen carefully. If they use “may” instead of “shall/must” it means they wanted an option.

If the DAG is moved to acting AG there is no time limit in that statue.

Under the second one that lists time of service/pay scale, there is a time limit. And specifically the law suspends the time limit while confirmation hearings are underway. If the name is voted down/withdrawn, a time limit kicks into effect again.

That means, the senate has given their consent, and no future senate has revoked that consent – that a person with a set time of service/pay grade can be acting director for a set period of time. Once the time limit is up, The president would need to approve of a different person if not confirmed.

Yeah, I don’t think the Senate intended for the president to be able to put anyone he wants as the AG for as long as he wants.

All I was replying to was your belief that the DAG would not be considered by the Senate as likely to fulfill the duties of the AG in their absence, which is a silly notion.

It’s NOT as long as he wants. 210 days max without confirmation. IF he submits them and congress starts confirmation hearings, the time limit is suspended. If the name is withdraw/not confirmed then a new 210 day window starts.

I dont’ see how that is “as long as he wants” you keep saying.

DAG under the law, MAY assume temp AG without a time limit. Now THAT one would be as long as he wants.

See the difference.

You’d have to take that up with those that wrote the legislation that put the word “may” instead of “shall/must” in the legislation. Different words have different meanings.