Executive Order--Change of Order of Succession

white house ^ | 11-4-2010 | white house

[freedommom]

Executive Order--Order of Succession Within the Department of Justice By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:

Section 1. Order of Succession. Subject to the provisions of section 2 of this order, the following officers, in the order listed, shall act as and perform the functions and duties of the office of Attorney General, during any period in which the Attorney General, the Deputy Attorney General, the Associate Attorney General, and any officers designated by the Attorney General pursuant to 28 U.S.C. 508 to act as Attorney General have died, resigned, or otherwise become unable to perform the functions and duties of the office of Attorney General, until such time as at least one of the officers mentioned above is able to perform the functions and duties of that office:

(a) United States Attorney for the Eastern District of Virginia;

(b) United States Attorney for the District of Minnesota; and

(c) United States Attorney for the District of Arizona.

Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1 of this order in an acting capacity, by virtue of so serving, shall act as Attorney General pursuant to this order.

(b) No individual listed in section 1 shall act as Attorney General unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.

(c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Attorney General.

Sec. 3. Executive Order 13481 of December 9, 2008, is revoked.

Sec. 4. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

[freedommom]

I don't understand why he had to change the order of Succession in the Justice Department the day before he left on his trip. If someone else understands please let me know .

[Shady]

Something is up.

[BenKenobi]

One or more of the people further down the list must be coming along with him on the trip, which he’s not allowed to do.

[kittymyrib]

Eric Holder’s future appearance before Lamar Smith’s Judicial Committee to explain his policy “no justice for Whites, only minorities” as evident in the Black Panthers affair is causing an earthquake in D.C. while Obozo is being guarded by 34 ships in Mumbai.

[freedommom]

http://www.favstocks.com/executive-order-order-of-succession-within-the-department-of-justice/0427551/

http://www.whitehouse.gov/the-press-office/2010/11/04/executive-order-order-succession-within-department-justice

[hosepipe]

Legislation to LIMIT or even abolish Executive Orders should be offered..
EO's fly in the face of the Constitution..

[flying Elvis]

The old EO: Executive Order 13481 of December 9, 2008
Providing An Order of Succession Within the Department of Justice
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Subject to the provisions of section 2 of this order, the following officers, in the order listed, shall act as and perform the functions and duties of the office of Attorney General, during any period in which the Attorney General, the Deputy Attorney General, the Associate Attorney General, and the officers designated by the Attorney General pursuant to 28 U.S.C. 508 to act as Attorney General have died, resigned, or otherwise become unable to perform the functions and duties of the office of Attorney General, until such time as at least one of the officers mentioned above is able to perform the functions and duties of that office:
(a)   United States Attorney for the District of Maryland;
(b)   United States Attorney for the Southern District of Alabama; and
(c)   United States Attorney for the Northern District of Georgia.
Sec. 2. Exceptions. (a)   No individual who is serving in an office listed in section 1 of this order in an acting capacity, by virtue of so serving, shall act as Attorney General pursuant to this order.
(b)   No individual listed in section 1 shall act as Attorney General unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c)   Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Attorney General.
Sec. 3. This order supersedes the President’s Memorandum for the Attorney General of December 8, 2006 (Designation of Officers of the Department of Justice).
Sec. 4. This order is intended to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

[Cheburashka]

The Attorney General has to be nominated by the President and confirmed by the Senate. All this is is an order to the Justice Department about who would be the acting Attorney General if an Attorney General should resign, die, become critically ill or otherwise not be able to perform his functions. The The acting Attorney General goes back to his previous job when a new Attorney General is sworn in.

The acting Attorney General is never in the line of succession to the Presidency. For that he would have to be nominated as Attorney General by the President, confirmed by the Senate, and sworn in.

[Cheburashka]

EO’s fly in the face of the Constitution..

---

Really? How is the President supposed to run the country without giving orders? Telepathy?

[COUNTrecount]

Holder resigning to spend more time with his family while Barry romps in Asia?

[EDINVA]

For starts, just look at who the #1 is now vs. before. The US Attorney for the Eastern District of VA is an Obama appointee as of 2009. The US Attorney for Maryland has been in office since 2005.

[hosepipe]

[ Really? How is the President supposed to run the country without giving orders? Telepathy? ]

http://www.thisnation.com/question/040.html

[Josephat]

Is Holder on the trip?

[Grampa Dave]

Maybe some foreign intel agency has some really hard, juicey and bad data on Holder, and they are about ready to expose that data unless Holder resigns.

[Cheburashka]

You haven’t answered my Question. How is the President supposed to run the Executive Branch? (I admit to imprecision in saying “run the country”.) Telepathy? Suggestions? Vague hints? Mumbling?

I would agree that Congress has been overgenerous in ceding powers to the Executive. That isn’t a problem with the Executive Branch, but an abdication by the Legislative Branch. And certainly not a problem with executive orders, which have been issued since George Washington became President. As the URL you provided notes.

[hosepipe]

[ How is the President supposed to run the Executive Branch? ]

Answer: He don't.. the people he appoints do... overseen by Czars and other appointees.. They run the System.. Executive Orders are given to bypass Congressional over sight.... in all areas of the federal government as they suborn State rights.. and the Supreme court..

The Supreme court is supposed to determine if ALL legislation enacted by Congress is constitutional.. They do not do that anymore.. they merely now arbitrate rulings of the lower courts..

[Pride_of_the_Bluegrass]

Hey Man I'm just saying

[Pride_of_the_Bluegrass]

http://www.youtube.com/watch?v=4oZPTlI3MEo

Seems appropriate

[RegulatorCountry]

I’d think taking a gander at the political orientation of those bumped up in the line of succession would tell the tale.

Is Holder going off on this grand tour of the Raj? Might want to wear a helmet to ward off kamikazi coconuts if so.

[Beckwith]

Watch out Eric!