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 ...
Very interesting.
DOJ succession: Deputy Attorney General followed by Solicitor General.
Whitaker is not in the chain, but is under the Vacancies Act, which permits a senior employee to be named Acting head.
Talk about uninformed.
Read the Vacancy Act, fool.
Spot on.
He’s saying the Vacancies Act is unconstitutional.
Kook interpretation. Non-starter.
“What reason did Napolitano give?”
Probably because he doesn’t regularly appear on a cable news show. Unfortunately Trump seems to be drawn to hiring celebrity commentators like Guiliani.
Recess appointments were meant for the true recesses when Congress adjourns sine die or between annual sessions. They were not meant for holiday vacations. Obama's recess appointments to the NLRB brought this to a head.
That said, we have a true recess coming up at the end of December. That's when President Trump should appoint someone he really wants who could never get confirmed by establishment Republicans.
Then he should fire Rosenstein and formally nominate his replacement. Trump doesn't need two Judiciary Committee hearings running at the same time. Give the Senate the Deputy AG hearings to grandstand while his bulldog AG is in place immediately for a year.
-PJ
A plain reading of the U.S. Constitution tells me that the statute on that particular point is flat-out unconstitutional.
Judge Nevertrumpo isn’t qualified to comment.
President Trump is doing an end-run around the internal DOJ succession rules (which he is allowed to do, since the DOJ succession is internal to the executive branch and can be changed at his discretion) as well as the U.S. Constitution, which is not really a problem unless and until Whitaker starts to perform any official functions of the AG office in a legal capacity (which I suspect he will never do). Even in the face of this end-run around the U.S. Constitution, Trump can shield himself from any criticism by citing the Federal statute that gave the President this unconstitutional power.
That's exactly the point. There's a legitimate question about who "they" are -- in terms of finding someone who has the legal standing to challenge this appointment.
Judge Nappy needs to sod off and go home to his husband.
If Napolitano’s point about the “illegality” of Whitaker’s appointment is based on his reading of the STATUTE, then he’s flat-out wrong.
Please get your facts straight on this. The U.S. Senate is NOT in recess.
Nappy is nothing more than a 5th rate blowhard who is usually wrong.
Lol. I’ve always thought the same thing.
Read my posts on this thread, fool.
No offense to anyone else posting here today, but I'm going to suggest that on this particular thread I'm more informed than anyone else here right now.
P.S. -- Remember this lesson from Law School 101: A statute cannot override the U.S. Constitution.
U.S. Supreme Court Justice Clarence Thomas agrees with me.
Judge Nap has gone around the bend sucking up to the Murdocks. Not a problem because very few listen to him or take him seriously.
You can’t even go to the Food Channel without being lectured about “healthy choices”, “vegetarian options”, and “food with a low carbon footprint”, usually by a PW’d metrosexual.
When’s the last time FC showed a Duluth Trading Co dude throwing a 32 oz steak onto a searing hot grill? All that seared carbon raises cancer risk, you know.
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