Lindsey Halligan illegally appointed

[Thinker101]

Trump already made an appointment for a temporary US Attorney, Erik Seibert. He doesn’t get to keep appointing new attorneys every 120 days.

Actually, he can.

 

[Rawley]

Link in the OP explains it well.

Perhaps you should read the law and tell us why their opinion is wrong.

 

[Marener]

Actually, he can.

He can’t. Otherwise he’d be able to totally circumvent the constitutional requirement for advice and consent.

No rational reading of the law would bring someone to that conclusion. Scalia authored memos when he was in the OLC stating as much.

 

[Thinker101]

According to these guys, Trump can just fire her and appoint another toady for 120 days.

But that’s not how the law should be read.

Not how the law "should" be read. Do tell, how "should" it be read?

 

[Marener]

Perhaps you should read the law and tell us why their opinion is wrong.

If you can just keep appointing interim US attorneys, you circumvent the constitutional requirement for advice and consent of officers.

 

[Thinker101]

He can’t. Otherwise he’d be able to totally circumvent the constitutional requirement for advice and consent.

No rational reading of the law would bring someone to that conclusion. Scalia authored memos when he was in the OLC stating as much.

Until the position is filled, he can.

https://www.congress.gov/110/bills/hr580/BILLS-110hr580eh.pdf

 

[Marener]

Not how the law "should" be read. Do tell, how "should" it be read?

It should be read that the president gets to nominate one person to serve as interim US attorney to a vacancy. After that, the courts decide or the vacancy act decides.

 

[Thinker101]

It should be read that the president gets to nominate one person to serve as interim US attorney to a vacancy. After that, the courts decide or the vacancy act decides.

Yeah, but it doesn't.

 

[Marener]

Until the position is filled, he can.

https://www.congress.gov/110/bills/hr580/BILLS-110hr580eh.pdf

His ability to appoint new interim US attorneys expires after 120 days of the vacancy. That law says the district court decides after that.

 

[Marener]

Yeah, but it doesn't.

The law says:

If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

The appointment expired. The court decides.

 

[Rawley]

If you can just keep appointing interim US attorneys, you circumvent the constitutional requirement for advice and consent of officers.

Nope. But you'd have a pretty dysfunctional office

 

[Rawley]

His ability to appoint new interim US attorneys expires after 120 days of the vacancy. That law says the district court decides after that.

Again, perhaps you should read the law.

 

[ThisIsMe]

Erik Siebert was never the permanent attorney. He was always interim US attorney because he was never senate confirmed. When the 120 day clock expires, the court gets to decide who is US attorney, and they allowed Siebert to remain until confirmed.

Trump doesn’t get to keep appointing new interim US attorneys.

Well, then its the courts fault Erik stayed so long. The law states 120 days if not confirmed. He was in the role for 8 months.

It's there a law that said he can't appoint a new interim? If so, then I agree with you

 

[Concerned American]

The law says:

If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

The appointment expired. The court decides.

What part of "until the vacancy is filled" do you not understand. A new appointment can be made. SMFH. You can't pick and choose the words you want to accept, moron.

 

[Marener]

Well, then it’s the courts fault Erik stayed so long. The law states 120 days if not confirmed. He was in the role for 8 months.

Irrelevant and nonsensical. The courts approved him to remain as US attorney.

It's there a law that said he can't appoint a new interim? If so, then I agree with you

The law says that after 120 days, the courts decide who US attorney is.

 

[Marener]

What part of "until the vacancy is filled" do you not understand. A new appointment can be made. SMFH. You can't pick and choose the words you want to accept, moron.

The vacancy was never filled.

 

[Concerned American]

The law says that after 120 days, the courts decide who US attorney is.

Until the vacancy is filled, moron. You don't get to leave part of the law out. SMFH

 

[Concerned American]

The vacancy was never filled.

LOL, WRONG AGAIN. That is what you are whining about.

 

[Marener]

LOL, WRONG AGAIN. That is what you are whining about.

The vacancy is only filled with the Senate confirms a US attorney.

That never happened.

 

[ThisIsMe]

Irrelevant and nonsensical. The courts approved him to remain as US attorney.

The law says that after 120 days, the courts decide who US attorney is.

well no, not exactly:

If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

It says they can appoint someone until the vacancy is filled. I dont see anything in there preventing another interim from being appointed. What youre suggesting is that a court could place someone and a president couldn't fire them.

In any case, if you're right, the courts will correct it.