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'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

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To: Red Badger

The uproar is ref any decisions or directives that he provides. Are they lawful? There are several things before the courts that the AG’s office are representing the US on. If an unlawful AG directs one thing ... is it legal?

We should get a ruling fairly quickly because the state of Maryland has an existing lawsuit before the courts.


61 posted on 11/13/2018 10:56:57 AM PST by taxcontrol
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To: All

So let Nap bring a lawsuit and we’ll see how far it gets.


62 posted on 11/13/2018 10:58:12 AM PST by JonPreston
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To: Alberta's Child; bitt

I am a little surprised about the use of an “Acting” Attorney General at this time, thinking Trump has had ions of time to consider a replacement and to already lined up his power pick.

For some reason, it seems like the time factor must be important for Trump. Someone he wants is tied up, perhaps, which made me think another General, or a CIA man or woman might be in the offing. Gina Haskell, for instance, has already been confirmed.


63 posted on 11/13/2018 10:58:50 AM PST by RitaOK (Viva Christo Rey! Public Ed & Academia are the FARM TEAM for more Marxists coming, infinitum.)
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To: BlackFemaleArmyColonel

Completely totally and irrefutably legal 100 percent without question. Andrew N has cracked up mentally or rose just sold out to the Dark Side. Bears observation


64 posted on 11/13/2018 10:59:02 AM PST by faithhopecharity ("Politicians aren't born, they're excreted." -Marcus Tillius Cicero (3 BCE))
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To: adorno
I wonder if Trump is deliberately taking a wrecking ball to the entire upper ranks of the DOJ. Here is the normal succession hierarchy for the DOJ based on Trump's executive order from early 2017:

1. Attorney General
2. Deputy AG
3. Associate AG
4. U.S. Attorney for the Eastern District of Virginia
5. U.S. Attorney for the Eastern District of North Carolina
6. U.S. Attorney for the Northern District of Texas

The Deputy AG has been cut out of the loop. I believe the Associate AG post is either vacant or is occupied by an acting Associate AG (which is permitted under the Constitution because this would be considered an "inferior Officer").

If Whitaker is removed from office under a court order, maybe President Trump will name Ronald McDonald to the post. LOL.

65 posted on 11/13/2018 11:01:34 AM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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To: BlackFemaleArmyColonel

He made the left turn when FOX did. The ONLY thing I watch on FOX is Hannity or Lou Dobbs on FOX Business.


66 posted on 11/13/2018 11:02:32 AM PST by teletech
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To: BlackFemaleArmyColonel

This is the same homosexual that thinks the Constitution has special rights for homosexuals.


67 posted on 11/13/2018 11:03:18 AM PST by CodeToad ( Hating on Trump is hating on me and America!.)
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To: Red Badger

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

Bingo...they want Rosenstein and they want to force him down the president’s throat - just like they had when Sessions recused himself right out of the box.


68 posted on 11/13/2018 11:03:58 AM PST by Scott from the Left Coast (You may come to the moment when you will have to fight with all the odds against you...)
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To: RitaOK

I believe Whitaker’s role is simply to cause as much havoc as possible until the end of December when the control of the House goes back to the Democrats. He’s probably there to simply hand over all the unredacted FISA documents Congress has been demanding from the FBI. Once those committees come under Democrat control, the GOP will be powerless to continue the battle to get those documents.


69 posted on 11/13/2018 11:04:03 AM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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To: taxcontrol
The actual law [5 U.S. Code § 3345 - Acting officer] states:

the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346 [no longer than 210 days], if—

(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and

(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.

70 posted on 11/13/2018 11:04:46 AM PST by AndyJackson
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To: teletech

After this grueling midterm coverage I’m warn out. I have no desire to continue to listen to talking heads go back and forth on every single sound bite of the day. I really can’t take it anymore.


71 posted on 11/13/2018 11:05:47 AM PST by jersey117
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To: Scott from the Left Coast

There’s a sound legal argument to be made that Whitaker cannot be the acting AG (I’ve posted numerous times on this), but there’s absolutely no legal basis for anyone to claim that the Deputy AG must take over that post. The separation of powers under the U.S. Constitution gives the President — and only the President — the authority to appoint a cabinet member (subject to Senate confirmation).


72 posted on 11/13/2018 11:06:05 AM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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To: faithhopecharity
Completely totally and irrefutably legal

Yes. See the actual law in my post #70.

73 posted on 11/13/2018 11:06:33 AM PST by AndyJackson
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To: jersey117

As for Judge Napolitano, why isn’t he seated on a court somewhere instead of on TV if he’s so great.


74 posted on 11/13/2018 11:07:20 AM PST by jersey117
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To: jersey117

Checking out till after the holidays is good for your soul. It’s family time.


75 posted on 11/13/2018 11:07:40 AM PST by gathersnomoss (Grace and Dignity Will Win The Day)
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To: AndyJackson

Just read that statute and realize how ridiculous it is. There’s no way in hell the Constitutional requirement for Senate confirmation of cabinet members can be overridden by a statute based on an appointee’s GS pay grade. LOL.


76 posted on 11/13/2018 11:07:55 AM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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To: teletech

He made the left turn when he returned from his suspension.


77 posted on 11/13/2018 11:08:12 AM PST by bankwalker (Immigration without assimilation is an invasion.)
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To: BlackFemaleArmyColonel

What traffic court did Eddie Munster lord himself over, anyway?


78 posted on 11/13/2018 11:08:35 AM PST by montag813
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To: BlackFemaleArmyColonel

What traffic court did Eddie Munster lord himself over, anyway?


79 posted on 11/13/2018 11:08:35 AM PST by montag813
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To: pugmama

Napolitano is a Rat hack Judge period.


80 posted on 11/13/2018 11:09:24 AM PST by gibsonguy
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