Posted on 11/09/2018 3:16:02 AM PST by BlackFemaleArmyColonel
Judge Napolitano says Trump's acting AG isn't qualified for role.
(Excerpt) Read more at twitter.com ...
And then adjourned until today at 9 AM.
ADJOURNMENT UNTIL FRIDAY, NOVEMBER 9, 2018, AT 9 A.M.
(Senate - November 06, 2018)
https://www.congress.gov/congressional-record/2018/11/6/senate-section/article/S6899-3
They were NOT in session on Wednesday, November 7, the date the Acting AG was appointed.
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; OR
He fails to read on to section (a)(3) which clearly states that he can appoint him:
3) notwithstanding paragraph (1), 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, 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.
Under this section he doesn't have to be in a position that requires Senate approval.He meets the conditions required in this section
I saw the exchange a couple of days ago, on some Fox program. Nappy was using the meaning of the word "qualified" in the sense of constitutional and regulatory requirements. He claimed that since Attorneys General and even interim Attorneys General, must be approved by the Senate, Whittaker came from a job that did not require Senate approval. He did quietly admit at the end of the segment, that Trump had some 'wiggle room' in that Whittaker was, indeed approved by the Senate for his previous job as Iowa Assistant Attorney Genera.
Since then, no one else has brought up the Senate approval issue, except for confirmed Never Trumpers. Nappy will need his nappies once Whittaker reigns in the out of control Mueller team.
Herr Mueller is the most powerful US Attorney in the country and he wasn’t confirmed by the Senate.
Otherwise, the President could circumvent the Senate confirmation process by making "recess appointments" at 2:00 in the morning when nobody is in the Senate chambers.
Nap jumped the shark long ago. Look up “buffoon” in the dictionary. You’ll find his picture.
That's true, but it has been shown that Senate approval for ANY previous job is allowed when rearranging responsibilities in the administration. Whittaker was indeed approved by the Senate for his job as Assistant attorney General for Iowa.
Who has the power to assign an “acting Attorney General,” if not the President?
I turned off Faux News 7 years ago now and haven’t missed it for 1 minute. Propaganda, more subtle that CNN and to me more subversive. CNN at least doesn’t try to hide it.
Napolitano's point -- which was reinforced by Justice Thomas in his 2017 concurring opinion in the NLRB case -- is that Section (a)(3) of that statute is unconstitutional. In fact, the idea that Congress can override a Constitutional requirement by allowing "temporary" appointments based on GS pay scales is laughable.
Read his books.
He IS a leftist!
” the appointment of an “acting” cabinet member without Senate confirmation is an end-run around the Senate confirmation requirement. “
No, it’s not. Read Andrew McCarthy on it:
https://www.nationalreview.com/2018/11/matthew-whittaker-jeff-sessions-replacement-excellent-choice/
” The president has named him as acting attorney general under the Vacancies Reform Act of 1998 (the relevant provisions are codified at Sections 3345 and 3346 of Title 5, U.S. Code). There has been some commentary suggesting that because Whitaker was in a job (chief of staff) that did not require Senate confirmation, he could not become the “acting officer” in a position (AG) that calls for Senate confirmation. Not so. The Vacancies Act enables the president to name an acting officer, who may serve as such for 210 days, as long as the person named has been working at the agency or department for at least 90 days in a fairly high-ranking position. Whitaker qualifies.”
I believe we have a winner in the opinion race. Trump is NOT stupid, whatever the LSM and their sheeple would want to believe.
I believe the line of succession for an AG resignation is that the “Chief of Staff” is to be made “Interim AG” and that is what has happened here? Nappy is blowing progressive smoke.
The voice is primarily conservative with enough left wing contributors to provide some balance
To the chagrin of some conservatives, Fox News is not a pure right wing propaganda purveyor
You are wrong, also. See my post right above. Or just read:
https://www.nationalreview.com/2018/11/matthew-whittaker-jeff-sessions-replacement-excellent-choice/
The President can appoint anyone he wants. Congress is in recess. A recess appointment must be confirmed by the Senate by the end of the next session of Congress, or the appointment expires. In current practice, this means that a recess appointment must be approved by roughly the end of the next calendar year, and thus could last for almost two years.
That's why the DOJ has an official list of posts for succession within the agency. As of now, it is as follows:
1. Attorney General
2. Deputy Attorney General
3. Associate Attorney General
4. United States Attorney for the District of Columbia
5. United States Attorney for the Northern District of Illinois
6.United States Attorney for the Central District of California
This is by regulation, not statute -- but it is set up so that the AG will always be succeeded by someone who has been subject to Senate confirmation.
Something big is clearly going on here, because the appointment of Whitaker in an "acting" role circumvents this internal succession process and is clearly aimed at keeping Deputy AG Rod Rosenstein out of the AG post.
Horse hockey
Well, Napalitano must have revised what he said from when I saw him. At that time he said it wasn't legal and specifically referenced this statute. Now having said that, the statute itself may be unconstitutional. That doesn't matter for the issue at hand. The issue is if this apoointment is legal. Under the current US Code it is. If they want to challenge the constitutionality of the law, that is a diffenrent matter and would be moot by the time it reached the court anyway. The provision on this law is that he can only serve by something less than 180 days.
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