Show me something in the constitution that says the president can allow someone to have all the powers the constitution provides a principal officer without either being approved by the senate or appointed in a recess.
Someone has to be in charge of the agency.
Constitutionally, technically, no one can without consent of the senate.
Should the agency shut down until it has a director?
It would appear, according to the constitution, thatâs not the case since no one can find where it allows this.
Imagine if m during the Benghazi hearings Obama asked for lynch to resign so Podesta could be named the acting AG. Iâm sure republicans would be like, âhey, heâs the president. He can have whoever he wantsâ
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No, he can appoint someone that has been confirmed by the senate. There are options, just none who will do blatantly protect Trump because they all have credibility.
One would argue that the Deputy AG is approved by the Senate knowing that he has the duties of the AG in their absence.
Thatâs certainly an argument.
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:
Relevent section of the constitution.
The appointment (with advised and consent) shall be established BY LAW.
Congress has established law as to what happens during the appointment process.
During the process BY LAW the DAG âmayâ be acting officer. By law a person who has 90 days on the job and at least a set pay scale âamyâ be acting officer for 210 days while.
That law is the consent of the senate (and the house and the president at the time of signing).
Did Podesta have 90 days of service in the Departmetn of Justice and have at least the minimum pay scale?
It almost seems like this is a desperate gambit that wasnât well thought out or planned very well.
So out of character from this President.
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Uh, no. Established by law means that their positions are established by law. For example, the secretary of transportation is a position that is established by law. That doesnât mean they can write a law that excuses any principal position from being approved by the Senate.
You misread the section.
1998 vacancy act from WikiâŚ
The law designates three classes of people who may serve as acting officials:[1]
- By default, âthe first assistant to the officeâ becomes the acting officer.
- The President may direct a person currently serving in a different Senate-confirmed position to serve as acting officer.
- The President can select a senior âofficer or employeeâ of the same executive agency, if that employee served in that agency for at least 90 days during the year preceding the vacancy, and is paid at a rate equivalent to at least a GS-15 on the federal pay scale.
The part you bolded would be Rod Rosenstein.
That was a mistakeâŚand removed.
Itâs a mugs game, and pointless, but . . . once you get started on it, itâs hard to resist. Just to add to that:
You write:
Imagine if m during the Benghazi hearings Obama asked for lynch to resign so Podesta could be named the acting AG. Iâm sure republicans would be like, âhey, heâs the president. He can have whoever he wantsâ
Hey, what if President Hillary Clintonâs campaign manager (Podesta) WAS IN JAIL, like Trumpâs is?
What was the mistake?
Didnât Session resigned?
If so the president can appoint a temporary acting officer.
It doesnât say next person in line to act in his or her place.
He was fired.
He thought the CoS to the AG was the âfirst assistantâ.
Yeah. The law specifically calls out the Deputy AG as the âfirst assistantâ to the AG.
