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 Guptas 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 resultit 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 didnt 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. Guptas Civil Rights Division might have a valid defense, under the Federal Vacancies Reform Act, as a means of avoiding actions rendered against them.
The head of the Justice Departments 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.
What a pig she is!
In case anyone wonders, as I did, who Mr Hans A. von Spakovsky is:
http://www.nationalreview.com/author/hans-von-spakovsky
Here is the referenced article:
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.
DailyCaller
US
Obama Civil Rights Director: Against American Values To Keep Men Out Of Womens 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 womens bathrooms is directly contrary to American values, according to assistant attorney general Vanita Gupta, who heads up the Department of Justices (DOJ) Civil Rights Division.
Gupta made the claim at a forum held on Tuesday by the Washington Council of Lawyers.
U.S. Attorneys Office in Jackson, Miss.
Even after the Supreme Courts 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.
Especially since bacon is one of my favorite foods.
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.”
bingo...bttt
It figures. 0bama and DOJ have been up to no good from the get-go.
I’d like to see that with zeros SC appointments.
This might invalidate some administrative actions, but I doubt it could affect the outcomes of any lawsuits.
Trump cannot fix congress. Only we, the Sovereign People can, through Article V.
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.
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.
My, my. Won’t they be surprised if Eric Pratt is nominated to replace her.
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