Sounds like The Weasel is scare.
But he is not king, nor is he God Emperor, or whatever titles the Trumpists want to bestow on him.
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Yes, yes. Clarence Thomas. The one whom people are now citing who thought he was an unqualified judge a week ago. His comments were cited in the article which I provided earlier, that actually gives both sides of the argument. People who don’t want Whitaker will of course cite his statement. It was one court judges opinion only, not concurred with by any other judge on the SC and not briefed by the parties.
It may be decided like this. It may not. Thomas’ stand alone opinion does not set precedence.
Other court cases cited in the article I referenced earlier say that a reading like his would block the functioning of government, as you cannot automatically and instantly put in place a nominee.
You can continually repeat the Thomas position and someone else can continually restate the other position. The courts decision is the one that will decide.
President.
Great post, but I doubt he really cares.
Of course he’s not a king, we won that war! He is the president of the United States, and people should show more respect. Sean Hannity says it, and then I come online and see that he was right.
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The president should be able to appoint who he wants. If the libs want to fight this then take them to court
Yes, that’s right. Any law that says otherwise is not a good law and should be changed by the Supreme Court, who has finally got rid replaced its socialists with people who abide by the constitution.
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lets look at the law shall we:
- U.S. Code › Title 28 › Part II › Chapter 31 › § 508
28 U.S. Code § 508 - Vacancies
(a)
In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General
Key word in section (a) is the word MAY
That means it’s an options and not mandatory as in section b. Section b doesn’t come into effect because there is a deputy attorney general available.
So if the DAG MAY become acting AG, then another option is avaialable.
That would be where 1. U.S. Code › Title 5 › Part III › Subpart B › Chapter 33 › Subchapter III › § 3345
U.S. Code § 3345 - Acting officer comes into play as another options that can be used to fill a vacancy of an officer.
“Thomas’s argument is problematic (which isn’t surprising, seeing as how no one in the case briefed the question). Most significantly, [CORRECTION: and as Thomas acknowledged in a footnote,] in an 1898 decision, United States v. Eaton , the Supreme Court held that a temporary appointment to a principal office was constitutional because a contrary holding “would render void any and every delegation of power to an inferior to perform under any circumstances or exigency the duties of a superior officer, and the discharge of administrative duties would be seriously hindered.” (See also pages 123-124 of this 2003 OLC opinion, relying upon Eaton .)”
Eaton, unlike the Thomas stand alone argument, is actual precedent, as indicated by its use in the referenced OLC opinion.
Sounds like something we need to figure out soon
Yeah, before this guy is resigned.
article 2 of the constitution trumps that
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
thomas wrote a concurring opinion in 2016 that stated a temporary appointment still needed senate approval
even john woo who helped GWB expand executive power says whitakers appointment is illegal
"The Constitution says that principal officers must go through appointment with the advice and consent of the Senate. In Morrison v. Olson, the Supreme Court made clear that the Attorney General is a principal officer. Therefore, Whittaker cannot serve as acting Attorney General despite the Vacancies Act (which does provide for him to be acting AG) — the statute is unconstitutional when applied in this way
Nothing will come of this. Trump can do what he wants. Who is going to challenge him?
Is there some type of odds on this guy in Vegas?
The constitution only covers the permanent positions. When a temp vacancy occures (such as a resignation), it’s covered by the law. I posted the law of succession that has the “may” instead of "shall’ and the other law that would be in effect as well.
I’m sure the Dem’s will take it to court and we will get a definitive answer.
And there some limits as to who the President “may” appoint, he (or she) can’t just appoint anyone to such a position. (See limitation in the law at link below.)
Now whether any of these apply to Whittakers and therefore make his appointment illegal, I think that will end up in court. Just pointing out that there are limits on who the President can appoint.
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I wonder if he ran this by the WH Council? And I wonder if they said he cannot do that? And I wonder if he did it anyway?
The constitution also covers temporary appointments. See recess appointment clause.
I see no constitutional authority granted to the president to make an appointment without the senate while they’re in session.
I posted that previously.
The AG succussion say the DAG “may” take the role. As in not required. The temp appointment qualifies under what you posted. (I posted a link to that section previously in the post).
Then the person I replied to quoted the constitution in that only a person approved by the senate can lead the agency. So I said that is for a permanent head of the agency.
