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To: xzins
Doesn’t seem constitutional to me that the president would be required to appoint a deputy Attorney General who had...

That's not the issue.

The law that creates and funds the Department of Justice stipulates rules for vacancies.

It is possible - just barely - that this law requires the most senior Senate-confirmed official at DOJ (Rosenstein) to act as AG until Trump nominates, and the Senate confirms, a replacement.

The Court would not force Trump to appoint Rosenstein. The Court MIGHT declare that, under the law, Rosenstein is AUTOMATICALLY Acting AG.

65 posted on 11/17/2018 6:00:48 AM PST by Jim Noble (Pay no attention to that man behind the curtain)
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To: Jim Noble

In which case it is, in my opinion, unconstitutional for article 2 separation of powers reasons, unless there were some incapacity of the president.


67 posted on 11/17/2018 6:43:15 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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