What happens if Jeff Sessions is fired or quits? (AUG 2018)

CNN ^

[janetjanet998]

1. Who is immediately in charge? If Sessions is fired, then Deputy Attorney General Rod Rosenstein, the current No. 2 at the Justice Department, would automatically take his place -- at least, according to statute and the President's own executive order detailing the succession plan from March.

[janetjanet998]

2. Can Trump pick someone else entirely? Yes -- the President doesn't have to follow the usual course, but this is where things could get tricky. Under the Federal Vacancies Act, Trump can pick anyone who holds a Senate-confirmed position to serve as acting attorney general (subject to certain time limitations) -- but the person he selects as acting cannot then be named as the permanent successor. By its terms, the law applies whenever a Senate-confirmed officer in an executive agency dies, resigns or is "is otherwise unable to perform the functions and duties of the office." But it's an open question as to what happens if the officeholder is instead fired by the President. As a result, legal experts have questioned whether an acting attorney general would be a valid appointment if Sessions is fired. But there's always the question of who has standing to challenge such an appointment, and Rosenstein may not be inclined to take that to court.

3. What about a recess appointment? Another option is for Trump to announce a replacement for Sessions during the next Senate recess -- a so-called "recess appointment" who could then serve until the end of the next congress. Trump hasn't hinted at this possibility, but Senate Democrats would almost certainly try to block it.

[janetjanet998]

so what kind of appointment is Matthew Whitaker

[jjotto]

With Whitaker, he can be Acting AG because he’s served 90 days in an executive role.

McConnell has the Senate in pro forma sessions, not in official recess.

[867V309]

so what kind of appointment is Matthew Whitaker

for Constitutional issues always refer to:
1)     CNN
2)     barkie

[dp0622]

But he wasn’t fired.

[dp0622]

The entire text in post 1 is moot because he wasn’t fired.

[aposiopetic]

Good point.

[janetjanet998]

OK thanks...

another question: Can Whitaker go change the mandate of the IC? Or narrow the scope of it.? And if so what will happen if Mueller was already building a case for Crime X , but the Scope is now only potential Crimes A,B or C? In other words no more witch hunt but the hunt already started and found something

[Alberta's Child]

Something to keep in mind is that the Deputy AG position was never established by Congress in the first place. It was established through an internal DOJ order in the 1950s, and the only statutory authority Congress has is that the President may appoint a Deputy AG -- and if he does so, this position requires Senate confirmation.

Not only can President Trump change the rules of succession at his own discretion, but he can also eliminate the Deputy AG post entirely through an executive order.

[janetjanet998]

well I predict Sessions will get called before the New House determining if he was fired or resigned. ..or something like that

it may have potential legal importance.. if some judge tries to claim Whitaker appointment is not Valid...

[dp0622]

There’s nothing to determine.

He resigned.

It’s very very straightforward.

[Alberta's Child]

Mueller is not an independent prosecutor. He cannot indict anyone without first reporting this to the DOJ official who is responsible for overseeing him. If Sessions is no longer the AG and therefore his recusal is moot, then I don’t think the Deputy AG has any role to play anymore in overseeing Mueller.

[jjotto]

Yes, he can limit the SC. But suspect crimes would be handed over to normal US Attorneys as a matter of ethics, rules, and probably law.

I’ve heard that Solicitor General Francisco is going to supervise Mueller.

[janetjanet998]

Yes but the letter says “resigned at your request”

CNN Huge Font “TRUMP FIRES SESSION”

There could be a sneaky reason why CNN is trying to point emphasize that

[jjotto]

DAG is responsible for all day to day operations. All reporting of the DOJ goes through the DAG, except maybe the OIG, which also reports directly to Congress.

[Rebelbase]

Sessions resignation letter starts out, (paraphrased) “per your request I am resigning as AG”.

That’s a DC firing.

[Alberta's Child]

See Post #9. The Deputy AG responsibilities can be changed without any input from Congress.

President Trump can issue an executive order tomorrow that explicitly limits the Deputy AG's responsibilities to cleaning toilets at FBI headquarters.

[Repealthe17thAmendment]

This legal stuff gets really tricky, especially when politicians write laws to protect themselves. It looks like Trump has to appoint someone who has been confirmed by the Senate, but I don’t believe Whitaker has been confirmed. Is this correct?

[jjotto]

Yep. EOs rule the Executive Branch. But it does take an EO.

[goldstategop]

Recess.

The Senate hasn’t convened in a lame duck session so that’s between sessions.

McTurtle owes the President do he won’t raise a fuss.