***Mary Frances Berry, Victoria Wilson, Bill Clinton and Tom Daschel***

Stardate: 0112.8

[The Wizard]

As I watch Pearl Harbor tonight, I think about the great shame these people do to those who fought and died for our freedoms:

Freedoms that these people abuse for self interest.

But then there's James and his FreeRepublic.com on the other side of the scale, and that's a mighty heavy weight indeed

[ChaseR]

"However if its finished up in time for the 2004 elections..."

I'll bet the very cunning liberal media - would use any such photos just before the mid-term elections - they won't wait for 2004, they'll take advantage and use them as soon as possible, over and over again - and cryout that Bush is not looking out for the rights of Democrat voters!

[veryconernedamerican]

THe best way to handle this is to fire Berry. she is a cancer, and has been for years. You are wrong in saying she has any leg to stand on, all of the legal experts disagree with you, the standard has been set. The only people that get six year terms are the ones appointed by the president, end of story.

[billva]

The president had no authority to appoint her to anything less than a 6 year term.

So Clinton broke the law when he made the appointment?

[Whilom]

If the president had no authority to appoint Wilson to less than a six-year term, and the president appointed Wilson to less than a 6-year term, then there was no appointment at all since the president had no authority to make an appointment of less than six years. If the president could only appoint Wilson to a six-year term, then he didn't appoint her at all because his letter of appointment designated an expiration of the appointment in less than six years.

[VRWC_minion]

Civil Rights Act of 1957

An Act to provide means of further securing and protecting the civil rights of persons within the jurisdiction of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Part I-Establishment of the Commission on Civil Rights
Sec. 101.
1. There is created in the executive branch of the Government a Commission on Civil Rights (hereinafter called the "Commission").
2. The Commission shall be composed of six members who shall be appointed by the President by and with the advice and consent of the Senate. Not more than three of the members shall at any one time be of the same political party.
3. The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman, or in the event of a vacancy in that office.
4. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner, and subject to the same limitation with respect to party affiliations as the original appointment was made.
5. Four members of the Commission shall constitute a quorum.

[aristeides]

That's a persuasive argument, and I think most courts would buy it. Unfortunately, I fear a Clintonista district court judge would not.

[ChaseR]

"...we may be treated to commericials of Ms Berry being chained behind a US Marshall's armored personnel carrier and dragged out of a meeting"

If this happens, I'll bet the Republicans lose MORE Senate seats and might even lose the House. This woman and the Democrats, and the liberal press and networks - are - right now - FROTHING AT THE MOUTH in anticipation!!

BIG BUMP!!!

[ChaseR]

(Bigg Red, lets you and I bump this all weekend, thanks.)

[gjenkins]

"Not more than 4 of the members shall at any one time be of the same political party."

Ooooooh ... That'a why she (Berry) claims she is an independent!

[aristeides]

If that's the 1957 legislation, I don't think it's any more explicit about terms of replacement members being truncated than the current law is.

[VA Advogado]

If this happens, I'll bet the Republicans lose MORE Senate seats and might even lose the House. This woman and the Democrats, and the liberal press and networks - are - right now - FROTHING AT THE MOUTH in anticipation!!

Exactly. Thats why I hope Bush doesn't take the bait. Like going after al-Queta, he'll pick the day and the time to smoke her out of her hole.

[Fiddlstix]

Re: Post #2

WTG! Great Idea!
You Da Man!

[Zeno44]

Just de-commission the Commission. It is a waste of money.

[VRWC_minion]

Easy, it could allow them all to resign before the day before a president's term is up and be reappointed for another full 6 year term.

First that isn't so simple. There are a limited number appointed from each party and both the Pres, the senate and the house can appoint. If one party does it the other could too. It wouldn't necessarily change the balance.

[VRWC_minion]

then the original appointment was made illegally,

No, he has the authority to appoint for 6 years.

[Hagrid]

Thanks for taking the other side on this. I don't agree with you, because the staggering seems implicit, and she took office tacitly agreeing to fill an unexpired term. I very much appreciate your pointing out that the matter is not simple and providing the basis for the rest of us to test our ideas.

In court, anything could happen.

Thanks!

[VRWC_minion]

all of the legal experts disagree with you

Never say ALL when speaking about the law. I am not using MY OPINION on this. I am using the plain reading of the text.

[Mr Rogers]

I'm not a lawyer, not do I play one on TV. However, I believe I've seen rulings before where the court decided, based on past editions of the law & of the law's consequences, that a standard phrase had inadvertantly been left out.

In this case, it was in past versions of the law, is clearly the accepted norm, and if not in would allow current members to resign, say, on Jan 5th prior to GWB taking office, clintoon appointing all to a 6 year term, and the new president would be stuck.

I think this witch is going to have her big butt handed to her on a silver platter. But I'll bookmark this thread, and repost when we know the outcome.

[PeoplesRepublicOfWashington]

I think a fair judge will rule for W...

I agree, but I also believe there are relatively few fair judges around these days. Also, isn't it true that our courts tend to be populated by those that either graduated in the lowest 10th percentile of their law school class or by those too lazy to practice law for a living? I have little-to-no confidence in our corrupt judiciary. Drastic reform is needed. Judicial immunity needs to be repealed so that judges must comply with the laws they impose upon the rest of us.

You do a lot of NEPA work?

[sirchtruth]

If the president had no authority to appoint Wilson to less than a six-year term, and the president appointed Wilson to less than a 6-year term, then there was no appointment at all since the president had no authority to make an appointment of less than six years. If the president could only appoint Wilson to a six-year term, then he didn't appoint her at all because his letter of appointment designated an expiration of the appointment in less than six years.

VRWC_minion this definately blows your "Leg to stand on theory" all the Hades!