Judge Rejects NJ US Attorney 'Triumvirate’ In Latest Blow To Trump Prosecutors

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"One year into this administration, it is plain that President Trump and his top aides have chafed at the limits on their power set forth by law and the Constitution,” Judge Matthew Brann wrote.


A federal judge has ejected the leaders of the U.S. attorney’s office in New Jersey, concluding that Attorney General Pam Bondi illegally appointed an unusual “triumvirate,” at President Donald Trump’s whim, to oversee the powerful federal prosecuting office.

Why does the fate of thousands of criminal prosecutions in this District potentially rest on the legitimacy of an unprecedented and byzantine leadership structure?” U.S. District Judge Matthew Brann wrote. “The President doesn’t like that he cannot simply appoint whomever he wants.”

The sweeping, scolding 130-page decision repeatedly chides the administration for attempting to sidestep Senate confirmation and twist centuries-old precedents to work the president’s will.

One more time Republicans. It is called, "Advice and Consent".

The Constitution of The United States of America.

Article II. Section II. Clause II.
  • Clause 2 Advice and Consent

    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.

    It does NOT matter whether Trump likes it or not. The Advice and Consent Clause requires that the president must seek such Advice and Consent from the United States Senate. He took an Oath to uphold the Constitution. He needs to doing exactly that.








 
"One year into this administration, it is plain that President Trump and his top aides have chafed at the limits on their power set forth by law and the Constitution,” Judge Matthew Brann wrote.


A federal judge has ejected the leaders of the U.S. attorney’s office in New Jersey, concluding that Attorney General Pam Bondi illegally appointed an unusual “triumvirate,” at President Donald Trump’s whim, to oversee the powerful federal prosecuting office.

Why does the fate of thousands of criminal prosecutions in this District potentially rest on the legitimacy of an unprecedented and byzantine leadership structure?” U.S. District Judge Matthew Brann wrote. “The President doesn’t like that he cannot simply appoint whomever he wants.”

The sweeping, scolding 130-page decision repeatedly chides the administration for attempting to sidestep Senate confirmation and twist centuries-old precedents to work the president’s will.

One more time Republicans. It is called, "Advice and Consent".

The Constitution of The United States of America.

Article II. Section II. Clause II.
  • Clause 2 Advice and Consent

    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.

    It does NOT matter whether Trump likes it or not. The Advice and Consent Clause requires that the president must seek such Advice and Consent from the United States Senate. He took an Oath to uphold the Constitution. He needs to doing exactly that.








Nowhere does it describe the "blue slip" deference that is preventing these appointments.
 
That will rattle around in the US justice system for many years, until no one cares. I realize that no one cares now, but will care less in 5 years.
 
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