Posted on 11/16/2018 8:15:01 PM PST by tcrlaf
In a highly unusual move, lawyer Tom Goldstein asked the US Supreme Court on Friday evening to declare Deputy Attorney General Rod Rosenstein as the acting attorney general, instead of Matthew Whitaker who currently holds the job.
Goldstein also represented Maryland's Attorney General in a similar court filing at the district court level earlier this week. Goldstein's motion was filed in connection with a gun rights case that is before the Supreme Court as a petition for a writ of certiorari, meaning the nine Justices will meet in conference at a date still to be determined to decide whether to hear it. The case is Barry Michaels v. Whitaker, which was automatically renamed from Michaels v. Sessions following Whitaker's appointment. Since the attorney general is charged with enforcing all federal law, including the statutes in this gun rights case, the motion argues that the identity of the attorney general is imperative, and the rightful acting attorney general is Rod Rosenstein.
(Excerpt) Read more at cnn.com ...
Vacancy Reform Act covers POTUS’s choice of Whittaker as ‘Acting’ AG.
Whittaker satisfies the statute fully and may serve up to 210 days.
Can’t do that, separation of powers...
Thank you Hostage. Let’s see if that is honored.
I wish some of these judges would start issuing contempt of court citations for trying to disrupt the court and the government.
I’m an attorney and if someone brought this idea into my office I would laugh them out the door so quickly and then have to head straight to the bar to drink it off. Good lord.
What is more interesting to me is the case at hand. This attorney is representing a ex-felon who wants the USSC to restore his (and other ex-felons) gun rights.
I think the attorney is being silly here and not helping his case. The case could be renamed again when a new AG is appointed.
The case was originally Michaels vs Lynch, renamed Michaels vs Sessions, renamed Michaels vs Whitaker.
Nothing should surprise you from these LIB lunatics . They are beyond unhinged . Hahaha .
It’s a yawn... more of the Stacey Abrams’ type stuff ... that side has to ‘win’ at everything or they have a tantrum. Or sue, or cry or threaten.
Really dems are becoming a collective yawn.
Where did this idiot get his law degree? The Constitution makes it clear that the POTUS appoints the AG with aside and consent of the Senate. No where in the Constitution is the Supreme Court given powers to appoint anyone in the executive branch.
Well, though I do agree McConell is not Trumps friend, he is the Senate majority leader and the legislature is a co-equal branch of government. He does not take direction from Trump, though I do support Trump appointing/nominating whoever he wants to cabinet positions for Senate confirmation.
Tom Goldstein is a leftist lawyer/journalist who mostly covers the happenings at the U.S. Supreme Court.
This is a political decision and the courts need to stay out of it.
Nullifying legislation. Whatever judge looks at that will love it.
Maybe nobody told him yet that Trump picked the last 2 Supremes and there’s 5 on our side.
Hopefully the other one quits the SC or this world and we have 6 to 3
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Rosenstein taking questions after Whitaker's appointment.
Oh please, don't make me laugh while I'm eating. Inferior courts are telling Trump what he may and may not do. While it may allow the supreme court to once and for all tell inferior courts that they can F off, it's still outrageous that Trump basically stops what he wants to do.
Given what happened with CNN in court..
anything is possible.
ya ya ya...
like that has stopped them before.
It’s an interesting question.
I expect him to be recess-appointed anyway though.
“Mitch wants total control. He wants to screw Trump, show him who is boss.”
We’ll see in a month when it’s time for the Senate to adjourn sine die.
If he lets the Dems prevent that to block appointments there’ll be no way to hide Mitch’s duplicity.
>>The AG is the President’s employee...
The Boss makes the choice.
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In a sane world, yes. But look at what has recently transpired.
The President is in charge of the White House. A reporter became unruly, verbally and physically, and had his press pass revoked. The news network filed suit, and...
the judge ORDERED the reporter’s pass be reinstated.
Clearly overstepping, clearly unconstitutional, yet POTUS will “obey” the out-of-line judge.
So, now that we’re in banana republic territory, all bets are off.
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