Senate passes legislation to end AG authority to fill U.S. attorney vacancies without their consent

Drudge ^

[sonsofliberty2000]

Developing...

[zendari]

No, he did that. Most, if not all these 8, were appointed by Bush.

[italianquaker]

I know but Pombo was a conservative whose constituents let him down anyway you spin out pal

[italianquaker]

If that what you need to feel better ok

[italianquaker]

Then hello hillary or Obama thats all and we deal it

[italianquaker]

Then hello hillary or Obama thats all and we deal with it

[italianquaker]

thats(computer keys are sticking)

[Lurking Libertarian]

Bush's mistake was in not doing what Clinton did and simply firing them all on his first day of office. The result was that he's spent the last 6 years dodging bullets fired in his direction by Clinton holdovers. Then he fires a few near the end of his administration, and the obvious question is why he would do that now, given that he was willing to live with these guys for 6 years.

He did replace all of the Clinton holdovers, and these 8 were all his own appointees.

[A. Pole]

The Patriot Act 2 included a provision for appointing AGs while Congress was in session without approval, supposedly to handle critical needs if we were attacked by terrorists.

Exactly. Some people are in love with the executive power. Of course as long as it is in the hands of the party to which they belong, otherwise they will squeal like you know what :)

[conservative in nyc]

There is a question whether a U.S. Attorney should be considered an "inferior officer".

[conservative in nyc]

Clinton, Carter and Nixon have done it. The rarirty is 8 at once.

...and Reagan, too.

The real rarity is that this has blown up to the extent it has. I'd be willing to bet that more U.S. Attorneys have been quietly forced out for political reasons - or no real reason at all - in the past than have been reported on by the media. Clinton in 8 years had about as much turnover in his USA ranks as President Bush has so far.

[OCCASparky]

He did replace all of the Clinton holdovers, and these 8 were all his own appointees

Partially true. The 8 were his own. He did not "fire" the existing US attys as Clinton did. The holdovers from the Clinton administration left of their own accord during the course of 2001.

[Merlinator]

So this is Bush's fault? The attorneys serve at his pleasure or not. He can hire them, he can fire them. Nothing was done that was wrong or improper. Put the blame where it belongs with the lying bickering dems that want to drag everyone in this administration down and waste as much time as possible. It's time for FReepers and all republicans to get some balls and start facing these clowns down instead of whining and blaming Bush.

[Conservativegreatgrandma]

There is a pretty good chance that the Republicans in DC will now be united in their fight against the RATS now that Bush has demonstrated that he is willing to fight.

They need to be united in that fight, we need to be united in encouraging them and this nation needs to be united in their fight against radical Islam.

We cannot accept defeat in any of these fights.

[Sandy]

So I guess the Dems complaints are what?

They want to change section 546 back to what it used to be. The *current* subsection 546(c) reads as follows:

(c) A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under section 541 of this title.

There is currently no subsection 546(d) at all. Previously, section 546 had subsections 546(c) and 546(d), which read as follows:

(c) A person appointed as United States attorney under this section may serve until the earlier of--
      (1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title;
      or
      (2) the expiration of 120 days after appointment by the Attorney General under this section.

(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

The proposed "new" law will simply delete the current subsection 546(c) and replace it with the subsections 546(c) and 546(d) that used to be there.

[Sandy]

In my view, it doesn't add a lot to the President's Constitutional recess appointment power.

Actually, it adds a hell of a lot to the President's power when you compare it to the law that was in effect before. Before, whoever the AG appointed to fill the vacancy would be gone after 120 days. Currently, whoever the AG appoints will hold the position indefinitely, until the President gets around to nominating an appointee to be confirmed by the Senate.

[flying Elvis]

Yup, a replay of the Tenure of Office Act, which occured during a period when Congress was the dominant branch.

[Sandy]

These doofus's are setting up themselves for a Supreme Court smackdown.

Your comment makes no sense. The Constitution explicitly gives Congress the authority to do this. Here, read the Appointments Clause:

and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Meaning, since U.S. Attorneys are inferior officers who work for the DOJ, Congress can vest the power to appoint them in either the President alone, the Courts of Law, or the AG (who is the Head of the Department of Justice).

[wolfcreek]

"Then hello hillary or Obama thats all and we deal with it"


Another Cliche Barf Alert!


Repeating crap for the sake of crap doesn't mean the crap is someday, magically going to be the truth.

[bill1952]

Oh please, get a life.
There is no issue, its just invented.

Reno fired 95 attorneys for 100% pure political reasons and you didn't hear a peep.

It wasn't an issue then, and it isn't now

I am amazed how many FReepers dance to the media's tune, while at the same time, decrying their influence. Sheeh!

[justshutupandtakeit]

You gotta be kidding. The Party of Treason would use ANY excuse to go after Bush including picking his teeth with the wrong hand.