Posted on 11/07/2018 2:02:35 PM PST by 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.
(Excerpt) Read more at cnn.com ...
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.
so what kind of appointment is Matthew Whitaker
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.
But he wasn’t fired.
The entire text in post 1 is moot because he wasn’t fired.
Good point.
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
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.
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...
There’s nothing to determine.
He resigned.
It’s very very straightforward.
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.
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.
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
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.
Sessions resignation letter starts out, (paraphrased) “per your request I am resigning as AG”.
That’s a DC firing.
President Trump can issue an executive order tomorrow that explicitly limits the Deputy AG's responsibilities to cleaning toilets at FBI headquarters.
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?
Yep. EOs rule the Executive Branch. But it does take an EO.
Recess.
The Senate hasnt convened in a lame duck session so thats between sessions.
McTurtle owes the President do he wont raise a fuss.
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