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DOJ's Civil Rights Division Actions Since October 15, 2014, May Be Void
RNLA ^ | Nov 21, 2016 | Richard J. Kisielowski

Posted on 11/22/2016 2:31:40 PM PST by KeyLargo

Monday, November 21, 2016

DOJ's Civil Rights Division Actions Since October 15, 2014, May Be Void

Hans von Spakovsky recently published a commentary calling into question the validity of all Vanita Gupta’s official actions. Ms. Gupta is the acting head of the U.S. Department of Justice's Civil Rights Division and apparently has been working in violation of federal law for more than a year and a half. The result—it may render all the official actions Ms. Gupta has taken during her entire tenure, including lawsuits, demand letters, and hires, “void” and of no effect.

Under the Federal Vacancies Reform Act, when an office that requires Senate confirmation becomes vacant, “the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346.” The time limitation set by that section is 210 days…. But it also stipulates that if an acting officer violates this time limitation, all actions taken by that individual “shall have no force or effect.”

[Ms. Gupta] was appointed on Oct. 15, 2014, by President Barack Obama “to lead the Civil Rights Division at the U.S. Department of Justice.” It describes her as the “chief civil rights prosecutor for the United States.”…The official Justice Department press release from that same day states that Gupta will “serve as principal deputy assistant attorney general and acting assistant attorney general for the Civil Rights Division” (emphasis added).

Obama never formally nominated anyone to fill this post after Gupta was appointed. Consequently, Gupta has remained the designated acting assistant attorney general since that designation was made on Oct. 15, 2014. That means her 210 days of being able to hold the acting position expired on May 13, 2015, 18 months ago.

The bottom line is that the Obama administration appears to have blatantly violated the Federal Vacancies Reform Act precisely because it didn’t want to comply with the confirmation requirement for Gupta. It has treated her as the head of the Civil Rights Division from the very first day she was hired and officially named as the acting assistant attorney general.

Hans von Spakovsky concludes by arguing that those groups targeted by Ms. Gupta’s Civil Rights Division might have a valid defense, under the Federal Vacancies Reform Act, as a means of avoiding actions rendered against them.


TOPICS: Government; History; Politics; Reference
KEYWORDS: blacklives; civilrights; doj; lynch; obama; protests; riots; vanitagupta
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The head of the Justice Department’s Civil Rights Division, Vanita Gupta, told a group of lawyers in Colorado slavery and Jim Crow are responsible for the violence and property damage in Baltimore and Ferguson, Missouri.

1 posted on 11/22/2016 2:31:40 PM PST by KeyLargo
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To: KeyLargo

What a pig she is!


2 posted on 11/22/2016 2:36:36 PM PST by SatinDoll (A NATURAL BORN CITIZEN IS BORN IN THE USA OF TWO USA CITIZENS)
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To: SatinDoll
There is no good reason for you to insult pigs in such a manner!
3 posted on 11/22/2016 2:41:06 PM PST by Fiddlstix (Mitt RomWarning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: KeyLargo

In case anyone wonders, as I did, who Mr Hans A. von Spakovsky is:

http://www.nationalreview.com/author/hans-von-spakovsky


4 posted on 11/22/2016 2:42:06 PM PST by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: PghBaldy

Here is the referenced article:

http://www.cnsnews.com/commentary/hans-von-spakovsky/dojs-civil-rights-division-head-violating-federal-law-and-her-actions


5 posted on 11/22/2016 2:45:40 PM PST by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: KeyLargo

These are the “immigrants” that we have gotten since 1965.

She was born in the U.S. to some of the first Indian immigrants to take advantage of Hart-Celler.

She grows up to prosecute us?

She knows nothing of the War. She has no history of it.

My family was split by the War of Northern Agression/War of the Rebellion.

Family fought family at Chickamauga, Chattanooga, Chancellorsville, Antietam, Gettysburg and Appomattox.

What would she know of it? How could she say? Who is she to condemn us?

We are approaching the node in history. Trump can either fix what has happened - and he’s off to a fabulous start - or we withdraw our consent.

The 14th Amendment never meant we had to be ruled by people who aren’t us, and hate us.


6 posted on 11/22/2016 2:45:42 PM PST by Regulator
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To: SatinDoll

DailyCaller

US
Obama Civil Rights Director: Against American Values To Keep Men Out Of Women’s Bathroom

Peter Hasson
Reporter, Associate Editor
12:11 PM 06/10/2016

Attorney General Loretta E. Lynch (R) and Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, announce law enforcement action against the state of North Carolina in Washington, U.S., May 9, 2016. REUTERS/Joshua Roberts Attorney General Loretta E. Lynch (R) and Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, announce law enforcement action against the state of North Carolina in Washington, U.S., May 9, 2016. REUTERS/Joshua Roberts

Legislation that keeps men out of women’s bathrooms is directly contrary to American values, according to assistant attorney general Vanita Gupta, who heads up the Department of Justice’s (DOJ) Civil Rights Division.

Gupta made the claim at a forum held on Tuesday by the Washington Council of Lawyers.

U.S. Attorney’s Office in Jackson, Miss.

“Even after the Supreme Court’s landmark gay marriage decision last year in Obergefell v. Hodges that guaranteed all people ‘equal dignity in the eyes of the law,’ we see new efforts to deny LGBTI individuals the respect they deserve and the protection our laws guarantee,” Gupta said.

http://dailycaller.com/2016/06/10/obama-civil-rights-director-against-american-values-to-keep-men-out-of-womens-bathroom/


7 posted on 11/22/2016 2:46:19 PM PST by KeyLargo
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To: Fiddlstix
There is no good reason for you to insult pigs in such a manner!

Especially since bacon is one of my favorite foods.

8 posted on 11/22/2016 2:49:48 PM PST by ProudFossil (" I never did give anyone hell. I just told the truth and they thought it was hell." Harry Truman)
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To: KeyLargo
The (IN)justice Dept is really replete with anti-Free-America morons and criminals. Let the firing, investigating (and prosecuting) of these worms begin January 20. They should self-exile. They have no shame. They do not deserve this Great Country!
9 posted on 11/22/2016 2:50:56 PM PST by hal ogen (First Amendment or Reeducation Camp?.)
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To: ProudFossil
GMTA
10 posted on 11/22/2016 2:51:28 PM PST by Fiddlstix (Mitt RomWarning! This Is A Subliminal Tagline! Read it at your own risk!(Presented by TagLines R US))
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To: Fiddlstix

I CAN’T STAND ALL THIS WINNING !!!! Beeeeutiful ! and thank you Obama. Before it’s over you may not “at least go down as President of the United States.”


11 posted on 11/22/2016 2:59:21 PM PST by chiller (One from the Right - One for the Fight)
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To: SatinDoll

bingo...bttt


12 posted on 11/22/2016 2:59:31 PM PST by ptsal
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To: Regulator
- or we withdraw our consent.

Yes. It is our consent that matters - it is the fulcrum point. Live it and if necessary die for it.
13 posted on 11/22/2016 3:00:38 PM PST by Garth Tater (What's mine is mine.)
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To: KeyLargo

It figures. 0bama and DOJ have been up to no good from the get-go.


14 posted on 11/22/2016 3:10:25 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: KeyLargo

I’d like to see that with zeros SC appointments.


15 posted on 11/22/2016 3:17:54 PM PST by zeebee (There are no coincidences.)
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To: KeyLargo

This might invalidate some administrative actions, but I doubt it could affect the outcomes of any lawsuits.


16 posted on 11/22/2016 3:18:22 PM PST by colorado tanker
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To: Regulator

Trump cannot fix congress. Only we, the Sovereign People can, through Article V.


17 posted on 11/22/2016 3:26:53 PM PST by Jacquerie (ArticleVBlog.com)
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To: Regulator

I agree with you completely. I am glad we have Trump and his Merry Minions who will help get rid of people like this one.


18 posted on 11/22/2016 4:02:55 PM PST by Bodega (elective, therapeutic abortion sequelae)
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To: Garth Tater

I am always amazed how few Americans understand what a beautiful and coherent rule of law our Constitution is...and I am more than disgusted that the SnowFlakes don’t have a clue.


19 posted on 11/22/2016 4:05:16 PM PST by Bodega (elective, therapeutic abortion sequelae)
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To: KeyLargo

My, my. Won’t they be surprised if Eric Pratt is nominated to replace her.


20 posted on 11/22/2016 4:15:38 PM PST by RKBA Democrat (Right versus left is no longer as relevant as Nationalist versus globalist.)
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