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Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: steve...
Date: November 08, 2018 09:43PM
Trump’s Appointment of the Acting Attorney General Is Unconstitutional

By Neal K. Katyal and George T. Conway III


... 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.

NY Times

George T. Conway III is husband of Kellyanne. dunno smiley




Northern California Coast
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Re: Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: Pam
Date: November 08, 2018 09:46PM
The question is, who stops him from doing the job?
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Re: Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: Steve G.
Date: November 08, 2018 09:53PM
Lawrence Tribe says the same thing.
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Re: Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: Ted King
Date: November 08, 2018 10:06PM
Quote
Pam
The question is, who stops him from doing the job?

Mueller. If he is given an order from someone he has sound reason to think was illegally given the position over him, he has a valid claim to take that to the Supreme Court to adjudicate.

I don't know if it will be Mueller - I think it is highly likely someone will sue pretty quickly - but I think Mueller would have valid grounds for taking it to the Supreme Court.



Edited 1 time(s). Last edit at 11/08/2018 10:07PM by Ted King.
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Re: Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: Pam
Date: November 08, 2018 10:10PM
Quote
Ted King
Quote
Pam
The question is, who stops him from doing the job?

Mueller. If he is given an order from someone he has sound reason to think was illegally given the position over him, he has a valid claim to take that to the Supreme Court to adjudicate.

I don't know if it will be Mueller - I think it is highly likely someone will sue pretty quickly - but I think Mueller would have valid grounds for taking it to the Supreme Court.

The other question is will anyone read him into the Mueller probe? I would hope not as he'd tell Trump everything. That would mean Rosenstein would have to put a wall up, and give Trump a reason to fire him. Maybe they read in him on some stuff but not all to protect Rosenstein.
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Re: Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: Ted King
Date: November 08, 2018 10:32PM
Quote
Pam
Quote
Ted King
Quote
Pam
The question is, who stops him from doing the job?

Mueller. If he is given an order from someone he has sound reason to think was illegally given the position over him, he has a valid claim to take that to the Supreme Court to adjudicate.

I don't know if it will be Mueller - I think it is highly likely someone will sue pretty quickly - but I think Mueller would have valid grounds for taking it to the Supreme Court.

The other question is will anyone read him into the Mueller probe? I would hope not as he'd tell Trump everything. That would mean Rosenstein would have to put a wall up, and give Trump a reason to fire him. Maybe they read in him on some stuff but not all to protect Rosenstein.

I'm pretty sure that the statute/regulations that set up the Special Counsel process under which Mueller operates say that Mueller is required to make reports to the acting AG about his activities. I don't think the reports are specific to daily activities, but are probably a deep look at what Mueller is doing. (Rachel Maddow had a segment on it this evening - I think I remembered it right.) There may be pretty binding regulations about how much confidential investigative information the acting AG can pass on to the President that should prevent the acting AG from passing on critical information, but this dude has shown himself to have a generous helping of self-promoting political hack about him so he may be rationalizing the danger to himself to get the gains to himself. I'm guessing (on probably too little information) that he will push interpretation of the rules too far because Trump will want more. In this particular case, I hope that my guess is wrong and the acting AG acts honorably. The only person - and, well, a few close friends and relatives - who wouldn't be better off is Trump. All the rest of us will be better off if the acting AG sees his decisions as guided by the best of traditions of the DOJ rather than making them as a lacky for Trump.



Edited 2 time(s). Last edit at 11/08/2018 10:59PM by Ted King.
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Re: Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: rjmacs
Date: November 09, 2018 12:25PM
Enjoy being right, everyone. Mueller would never 'take his case to the Supreme Court,' nor will Whitaker face any real consequences for malfeasance.

The time to act was before the elections, but McConnell prudently refused to take up legislation to protect Mueller before the midterms, even after it passed the House.



rj
AKA
Vreemac, Moth of the Future
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Re: Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: btfc
Date: November 09, 2018 04:24PM
Even Faux News is pointing this out:

' President Donald Trump’s appointment of Matthew Whitaker as Acting Attorney General may be illegal, Andrew Napolitano, senior judicial analyst for Fox News, said on Wednesday.

“Under the law, the person running the Department of Justice must have been approved by the United States Senate for some previous position. Even on an interim post,” Napolitano told Fox News’ Dana Perino. '


[m.huffpost.com]
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Re: Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: Filliam H. Muffman
Date: November 09, 2018 04:38PM
I wonder if this is just for distraction, or if someone in 45's retinue knows that every case prosecuted while Whitaker is acting AG can be challenged as unconstitutional... so anything Mueller does against 45 from 11/7/2018 until Whitaker is replaced can be challenged.



In tha 360. [url=Zee Maps Now requires a subscription/payment to work]MRF User Map[/url]



Edited 1 time(s). Last edit at 11/09/2018 07:10PM by Filliam H. Muffman.
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Re: Whiticaer's appointment is Unconstitutional and anything he does is INVALID
Posted by: Ted King
Date: November 10, 2018 05:16PM
[slate.com]

“As a principle, it [Obamacare] has been turned down by the courts, and our federal government has not recognized it,” Whitaker said during a September 2013 campaign speech at a candidate event hosted by the Iowa Faith & Freedom Coalition. “Now, we need to remember that the states set up the federal government and not vice versa. And so the question is: Do we have the political courage in the state of Iowa, or some other state, to nullify Obamacare and pay the consequences for that?

“The federal government’s done a very good job about tying goodies to our compliance with federal programs, whether it’s the Department of Education, whether it’s Obamacare with its generous Medicare and Medicaid dollars and the like,” he continued. “But do I believe in nullification? I think our founding fathers believed in nullification. There’s no doubt about that. And so that principle survives. I don’t think we as a people that like our federal goodies have the political courage to nullify Obamacare.”



Edited 1 time(s). Last edit at 11/10/2018 05:18PM by Ted King.
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