Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

'Unlawful': Napolitano Agrees With Legal Challenge to Whitaker Appointment
Fox News Insider ^ | 13 Nov 18 | Fox & Friends

Posted on 11/13/2018 10:24:38 AM PST by BlackFemaleArmyColonel

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 141-144 next last
To: BlackFemaleArmyColonel

Tellya what, Lefties. As long as the Demonrats keep crunching out fake ballots in Florida, Trump will appoint whomever he wants in his Cabinet, K? If we’re going to burn the reeking Constitution, let’s burn it for all, K?


21 posted on 11/13/2018 10:35:42 AM PST by backwoods-engineer (Enjoy the decline of the American empire.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RitaOK

These “Republicans” who object are just protecting the deep state coup plotters.

They are helping the Dems/MSM to take down Pres Trump.

Pure scum.


22 posted on 11/13/2018 10:35:51 AM PST by roses of sharon ("Truly I tell you, today you will be with me in paradise." Luke 23:43)
[ Post Reply | Private Reply | To 11 | View Replies]

To: BlackFemaleArmyColonel

Why do I care what a faux-TV judge thinks?

If he wants to be on TV let him take over Wapner’s old chair.


23 posted on 11/13/2018 10:36:58 AM PST by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

So in this line of thinking, the President cannot name an Acting to a PAS position who does not currently hold a PAS position?? That would be highly constricting all across the government.


24 posted on 11/13/2018 10:37:11 AM PST by Truth29
[ Post Reply | Private Reply | To 1 | View Replies]

To: niteowl77

For me, Napolitano became the Dick Morris of legal opinion some time ago. Sadly, he’s gotten worse since the Murdochs gave him that time-out in the corner.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I believe it’s called a re-education camp.
Toe the liberal Trump sucks narrative or out you go. Fox is just as bad as all of them now expect for a very few people.


25 posted on 11/13/2018 10:37:52 AM PST by shelterguy
[ Post Reply | Private Reply | To 10 | View Replies]

To: BlackFemaleArmyColonel

If I remember correctly JFK appointed his brother Robert Attorney General - The Democrats seemed to have been ok with that bit of nepotism.

Isn’t the only qualification for a cabinet job is the President wants them in that job (and the Senate confirms)?

As for the courts, they have no oversight of the Executive Branch of Government. They can rule on laws but I don’t see anything that gives them the right to decide who the President chooses for cabinet. That authority belongs to the Senate.


26 posted on 11/13/2018 10:38:54 AM PST by CIB-173RDABN (I am not an expert in anything, and my opinion is just that, an opinion. I may be wrong.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red Badger
Article II Section 2 clause 2

....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.

Congress passed a law requiring that an acting AG must come from those that have already been vetted by the Senate. So, not a Constitutional issue exactly but one of law.

27 posted on 11/13/2018 10:39:41 AM PST by taxcontrol
[ Post Reply | Private Reply | To 9 | View Replies]

To: BlackFemaleArmyColonel

Given the issue with Whitacker’s incidental involvement in an organization being investigated by the FBI, I think it would be smart for Trump to find an official somewhere that he trusts, that DID make it through some senate confirmation, and appoint THAT person for now. Even better if the person has never commented publicly about the Mueller investigation.

Remove the possible illegality, and the conflict, and the possible investigation, and move on.


28 posted on 11/13/2018 10:39:49 AM PST by CharlesWayneCT
[ Post Reply | Private Reply | To 1 | View Replies]

To: thescourged1

RE: Left is terrified of Whitaker

Absolutely. I think every one of them is worried they’ll be indicted any minute. Trump and allies have cited the Emergency Appointments clause that says he can appoint anybody for 90 days. Judge Nap lost his credibility long ago.


29 posted on 11/13/2018 10:39:52 AM PST by Missouri gal
[ Post Reply | Private Reply | To 2 | View Replies]

To: Leep

FOX continues to turn to the left more and more... I don’t watch em much anymore.. disgusting the direction our country is turning.... will take care of me and mine and not worry about the scum until they show up in person.


30 posted on 11/13/2018 10:41:15 AM PST by DOC44
[ Post Reply | Private Reply | To 18 | View Replies]

To: BlackFemaleArmyColonel

Napolitano is the “go-to-judge” for Shep Smith. Says a lot about Napolitano. Napolitano would better serve on CNN or MSNBC. They’d love him there, especially if he was on FOX and gave them up for a liberal network.


31 posted on 11/13/2018 10:42:18 AM PST by adorno
[ Post Reply | Private Reply | To 1 | View Replies]

To: taxcontrol

I don’t see what all the uproar is about. This guy will serve only until the new AG is sworn in.

UNLESS they, the Dems’, plan is to make sure no new AG GETS SWORN IN!...................


32 posted on 11/13/2018 10:42:23 AM PST by Red Badger (We are headed for a Civil War. It won't be nice like the last one....................)
[ Post Reply | Private Reply | To 27 | View Replies]

To: BlackFemaleArmyColonel

Judge Napolitano was one of the first to reveal the GCHQ (British NSA) involvement in SpyGate. Then he was slapped down hard about it, and ever since has acted as if he were a hostage to the Deep State. Remember, General McMasters only got fired, and they killed his father. This is not a game.


33 posted on 11/13/2018 10:43:54 AM PST by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

Trump probably doesn’t think it’s time for a sodomist on the Court. Undoubtedly the next POTUS tagged “D” will have one or more waiting in the wings.


34 posted on 11/13/2018 10:44:28 AM PST by VietVet876
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

When the DOJ doesn’t have an AG, doesn’t the duties of the AG revert back to the president? In fact, the president is the boss of the AG, and as such, he can appoint whoever he wishes to carry out “the president’s orders”. Never mind that the temporary AG would just be a puppet for the president; the president would be carrying out the duties of the AG and I’m pretty sure there is nothing unconstitutional about that.


35 posted on 11/13/2018 10:44:41 AM PST by adorno
[ Post Reply | Private Reply | To 1 | View Replies]

To: roses of sharon

” These “Republicans” who object are just protecting the deep state coup plotters. “

Well then, there is a whole new crop of them exposing themselves.

A fine sign of desperation, we hope, that the Justice Department is rumored to be about ready to cough up some trouble for Deep State and their covers in the media.
(Per Trump’s fine tweet.)

Never been a question why the Enemies of the State despised that phone of his, and his wringing communication from their hands in the Media Complex into his own.


36 posted on 11/13/2018 10:44:55 AM PST by RitaOK (Viva Christo Rey! Public Ed & Academia are the FARM TEAM for more Marxists coming, infinitum.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: taxcontrol

The relevant law is the Vacancies Reform Act.


37 posted on 11/13/2018 10:45:22 AM PST by jjotto (Next week, BOOM!, for sure!)
[ Post Reply | Private Reply | To 27 | View Replies]

To: BlackFemaleArmyColonel

Nappy, just like Whoroldo, claim to be friends of POTUS but both spend all their time stabbing him in the back.


38 posted on 11/13/2018 10:45:52 AM PST by McGavin999 ("The press is impotent when it abandons itself to falsehood."Thomas Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackFemaleArmyColonel

The federal vacancies Act of 1998 allows any president to choose whoever he wishes as AG period..... temporary or otherwise. Absolutely nothing unlawful about it. The Communists know that he’s a clear threat that’s why the accusations


39 posted on 11/13/2018 10:47:14 AM PST by Maranatha7757
[ Post Reply | Private Reply | To 1 | View Replies]

To: RitaOK
Good summary. It basically comes down to an apparent conflict between: (1) the provision in the Federal Vacancies Act of 1998 related to "acting" appointees, and (2) the clear requirement under the U.S. Constitution for all Presidential appointees other than "inferior officers" to be confirmed by the Senate. The Constitution makes no exceptions for temporary or acting appointments other than recess appointments (which wouldn't apply here).

The U.S. Attorney General wouldn't be an "inferior officer" under any objective definition, since he reports directly to the President and he acts entirely through the authority of a Federal statute that created the AG post.

40 posted on 11/13/2018 10:47:43 AM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
[ Post Reply | Private Reply | To 11 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 141-144 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson