Dictator Trump's Appointment of AG Whitaker Is NOT Constitutional

[caddo kid]

according to the Appointments Clause - Wikipedia


28 U.S. Code § 503 - Attorney General

The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice.

oops; that NEVER happened

America, you have yourself a good little Hitler hapnen

'Unlawful': Napolitano Agrees With Legal Challenge to Whitaker Appointment

 

[HenryBHough]

Wow, the Constitution on your planet is SO different from the one we use on Earth!

 

[Pete7469]

These are some DANGEROUSLY stupid people we are allowing to waste our oxygen.

 

[SassyIrishLass]

Oh good ...about the tenth thread one this garbage.....ZZZZZZZZZZZZZZZzz

 

[caddo kid]

Oh good ...about the tenth thread one this garbage.....ZZZZZZZZZZZZZZZzz

and did anyone within any of the 'claimed' threads demonstrate the Appointments Clause from The US Constitution, or 28 US Code 503?

OK; I didn't think so.

So, you like it when POTUS shits all over The US Constitution?

Go ahead & play stupid.

 

[OldLady]

according to the Appointments Clause - Wikipedia


28 U.S. Code § 503 - Attorney General

The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice.

oops; that NEVER happened

America, you have yourself a good little Hitler hapnen

'Unlawful': Napolitano Agrees With Legal Challenge to Whitaker Appointment

If it's not lawful, why is he there, then? How long will it take the courts to stop him? He's probably already moved into his office, they're changing the letterhead, the whole nine yards.

 

[MarcATL]

and did anyone within any of the 'claimed' threads demonstrate the Appointments Clause from The US Constitution, or 28 US Code 503?

OK; I didn't think so.

So, you like it when POTUS shits all over The US Constitution?

Go ahead & play stupid.

Rightwing lunatics NEVER like anything that sheds light on anything.

They are cockaroaches afterall.

 

[Bootney Lee Farnsworth]

The biggest problem with this argument is that Rod Rosenstein has the same problem as Whitaker.

He was not vetted and appointed under the advice and consent of the Senate.

Because it is an interim position, and because Trump has the authority to make unilateral lower-level employment decisions in the DOJ, Trump can fire every motherfucker that stands before Whitaker.

This is shaping up to be an interesting court battle, that the SCOTUS will likely hear and could end up shoot down the law as unconstitutional. It seems to me that the intent of the successor statute is for "Designated Survivor" scenarios, but I expect the SCOTUS or any lower court to look at the language of the statue and give it the proper meaning as written before moving to constitutionality grounds.

 

[easyt65]

according to the Appointments Clause - Wikipedia


28 U.S. Code § 503 - Attorney General

The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice.

oops; that NEVER happened

America, you have yourself a good little Hitler hapnen

'Unlawful': Napolitano Agrees With Legal Challenge to Whitaker Appointment

Actually, Whitaker's appointment is legal, and the exact Law making it legal has been cited.

What is NOT LEGAL is a criminal Assistant US AG already guilty of Obstruction of Justice, already cited as having a part in deceiving FISA Court Judges in order to illegally obtain illegal warrants, who continues to ignore the US IG's recommendation to indict the former Deputy Director of the FBI, and who is a witness in the case he is currently in charge of overseeing remaining in charge of the proven on-going Witch Hunt.

 

[EvilCat Breath]

Trump hasn't made an appointment yet.

 

[Bootney Lee Farnsworth]

This is the statute they are relying on:

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.

(b) When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General.

Isn't that Whitaker's appointment? If so, all Trump needs to do is fire Rosenstein and that case is moot.

 

[easyt65]

The biggest problem with this argument is that Rod Rosenstein has the same problem as Whitaker. He was not vetted and appointed under the advice and consent of the Senate.

Even if Rosenstein had been vetted, He:

1. Has been proven to have committed the crime of Obstruction, refusing to turn over subpoenaed documents AND having refused to and continuing to refuse to indict the former Deputy Director of the FBI for his crimes as recommended by the US IG.

2. Is a WITNESS in the proven on-going Witch Hunt.

 

[caddo kid]

The biggest problem with this argument is that Rod Rosenstein has the same problem as Whitaker.

He was not vetted and appointed under the advice and consent of the Senate.

Because it is an interim position, and because Trump has the authority to make unilateral lower-level employment decisions in the DOJ, Trump can fire every motherfucker that stands before Whitaker.

This is shaping up to be an interesting court battle, that the SCOTUS will likely hear and could end up shoot down the law as unconstitutional. It seems to me that the intent of the successor statute is for "Designated Survivor" scenarios, but I expect the SCOTUS or any lower court to look at the language of the statue and give it the proper meaning as written before moving to constitutionality grounds.

Rosenstein would be 'next up' for AG; that whole line of succession crap & all.

According to law any appointment would have to be approved by The Senate.

Where in Hell is Congress? It is their DUTY to straighten this shit out but they are allowing Trump to run roughshod over & shit on The US Constitution.

America has become a third world smelly turd.

 

[easyt65]

This is the statute they are relying on:

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.

(b) When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General.

Isn't that Whitaker's appointment? If so, all Trump needs to do is fire Rosenstein and that case is moot.

Trump does not need to fire Rosenstein unless Rosenstein give him no alternative. Again, Rosenstein has committed crimes as well as being a witness in the case he is overseeing is a MASSIVE conflict of Interest.

Whitaker must recuse himself because he pointed out that Mueller has roamed WAY OFF the reservation in regards to investigating Russian collusion? Rosenstein has committed and continues to commit multiple crimes in the enabling / helping this proven Witch Hunt continue...forget Conflict og Interest - Rosenstein should have been Indicted / Perp Walked already himself.

 

[Pete7469]

according to the Appointments Clause - Wikipedia


28 U.S. Code § 503 - Attorney General

The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice.

oops; that NEVER happened

America, you have yourself a good little Hitler hapnen

'Unlawful': Napolitano Agrees With Legal Challenge to Whitaker Appointment

Actually, Whitaker's appointment is legal, and the exact Law making it legal has been cited.

What is NOT LEGAL is a criminal Assistant US AG already guilty of Obstruction of Justice, already cited as having a part in deceiving FISA Court Judges in order to illegally obtain illegal warrants, who continues to ignore the US IG's recommendation to indict the former Deputy Director of the FBI, and who is a witness in the case he is currently in charge of overseeing remaining in charge of the proven on-going Witch Hunt.

Correction

What is NOT LEGAL is what republicrats do.

Democrooks can invent or ignore laws.

.

 

[Bootney Lee Farnsworth]

Rosenstein would be 'next up' for AG; that whole line of succession crap & all.

And Trump can promptly fire him.


.

 

[Crixus]

according to the Appointments Clause - Wikipedia


28 U.S. Code § 503 - Attorney General

The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice.

oops; that NEVER happened

America, you have yourself a good little Hitler hapnen

'Unlawful': Napolitano Agrees With Legal Challenge to Whitaker Appointment

Nepalatano is a soap opera fag not a real judge. Congress doesn’t get to choose who a presidant appoints. Neither do you. Maryland will lose.

 

[easyt65]

Where in Hell is Congress? It is their DUTY to straighten this shit out but they are allowing Trump to run roughshod over & shit on The US Constitution.

America has become a third world smelly turd.

Sorta like the way Democrats allowed:

Barry to get away with violating both Constitution and Rule of Law multiple times....

US AG Holder to escape indictment for Perjury with only a bi-partisan Censure...

NIA Director Clapper to escape MULTIPLE Perjury indictments...

CIA Director escape indictments for MULTIPLE Perjury counts, illegally spying on the US Senate / USSC, and the American people...

IRS Chairman Koskinen escape Perjury indictment...

FBI Deputy Director escape indictment - recommended by the US IG...

Hillary Clinton escape indictment for proven mishandling of classified, violations of both the FOIA and Federal Records Act, Espionage, etc...

Actual Law was cited by the WH justifying Whitaker's appointment, whereas there is no defense for what was mentioned above.

The ones screaming the loudest about Whitaker being appointed are the ones who are most involved and who stand to lose the most if actual investigations are started up on the witch hunters based on the existing evidence exposing Democrats / Obama administration conspiracy, sedition, perjury, Obstruction, illegal spying, etc...

Evidence shows Mueller was already communicating with Oher and Steele - who was alrewady working for the FBI - BEFORE HE WAS EVER APPOINTED AS SPECIAL COUNSEL...Rosenstein, Mueller, Comey, McCabe - all Obstructed Justice by withholding subpoenaed documents.....and snowflakes are pitching an absolute FIT at the thought of an unbiased, objective person being put over the investigation.....

 

[caddo kid]

Where in Hell is Congress? It is their DUTY to straighten this shit out but they are allowing Trump to run roughshod over & shit on The US Constitution.

America has become a third world smelly turd.

Sorta like the way Democrats allowed:

Barry to get away with violating both Constitution and Rule of Law multiple times....

US AG Holder to escape indictment for Perjury with only a bi-partisan Censure...

NIA Director Clapper to escape MULTIPLE Perjury indictments...

CIA Director escape indictments for MULTIPLE Perjury counts, illegally spying on the US Senate / USSC, and the American people...

IRS Chairman Koskinen escape Perjury indictment...

FBI Deputy Director escape indictment - recommended by the US IG...

Hillary Clinton escape indictment for proven mishandling of classified, violations of both the FOIA and Federal Records Act, Espionage, etc...

Actual Law was cited by the WH justifying Whitaker's appointment, whereas there is no defense for what was mentioned above.

The ones screaming the loudest about Whitaker being appointed are the ones who are most involved and who stand to lose the most if actual investigations are started up on the witch hunters based on the existing evidence exposing Democrats / Obama administration conspiracy, sedition, perjury, Obstruction, illegal spying, etc...

Evidence shows Mueller was already communicating with Oher and Steele - who was alrewady working for the FBI - BEFORE HE WAS EVER APPOINTED AS SPECIAL COUNSEL...Rosenstein, Mueller, Comey, McCabe - all Obstructed Justice by withholding subpoenaed documents.....and snowflakes are pitching an absolute FIT at the thought of an unbiased, objective person being put over the investigation.....

you use a SHIT LOAD of words to go OFF TOPIC & to fvck up a thread; congrats dumb ass

 

[blackhawk]

The President no matter who it is has the authority to appoint someone on a temporary basis until they nominate someone for the position. There is no indication that this man will be the nominee so everyone really needs to chill out the Trump critics will have their chance to bitch, piss, and moan about that nominee in due time.