Fox News preeminent legal commentator agrees with many folks, that the appointment of Whitaker as acting AG is illegal. Federal law is very clear as to who can become acting AG during a vacancy. The person MUST be a current DOJ employee appointed by the President and he must have been approved by the Senate. Whitaker, is neither. His appointment is illegal and any orders he makes, are null & void. http://insider.foxnews.com/2018/11/...o-matthew-whitaker-appointment-trump-unlawful
if Whitaker fires Mueller or tries to clamp down on his investigation, Mueller can ignore all such orders.
Glad to hear you say that So if an activist federal judge appointed by obama oversteps his authority and issuses a restraining order against trump he can be ignored too?
"WTF I LOVE FOX NEWS NOW!" Here's a rational left-leaning source on the controversy. Draw your own conclusions: ...meh, can't even find it any more in the deluge of inane partisan MSM TV garbage. Protip: If the topic in question, ANY topic, is a legal question, odds are high that nothing you see on TV (and very little you see in print) is going to cover the topic accurately, and that's regardless if it comes from a talking head judge on the left or the right. These readers and pundits are not involved in day to day analysis of legal issues, are rarely practicing attorneys other than as lobbyists, the writers do 90% of the work, and TV writers are also very rarely practicing attorneys. Seek accurate legal information elsewhere than television. IMO, the strict legality of Whitaker's appointment is yet to be determined, but whatever the outcome, there is no "crime" or even offense possible, and if any real problems result from it, whatever is necessary to rectify those problems will be swiftly done. This is the typical LW tempest in a teapot issue in the TDS world.
No, Obama followed legal procedure, Trump didn't. You are the party trying to overturn rule pf law right now, with your president's politicization of the DOJ.
I dont agree Again, if a liberal judge oversteps his authority and issues an illegal restraining order against trump it can be ignored?
You are irrelevant, your opinion has no legal bearing. The law requires due process, which Obama respected with all his appointments, but which Trump didn't respect with this AG temporary appointment. You are equating two totally different scenarios.
It's about as "preeminent" as they got on Trump TV! Napalotano is normally a reliable worker of the talking points. If she's on this, they all know that Trump is WAYYYYY out of line with Whittaker.
He is a lawyer who once worked as a local judge Most of the time he leans conservative but tha5 does not make him the finsl authority on all things legal
It would help if you (and Napolitano, et al) read and understood the law -- 5 U.S. Code § 3345 -- before you sound off about it.
It would be more helpful if we had an honest and competent president who didn't keep trying to obstruct justice using his presidential powers.
That is the silliest non sequitur I've heard in a long time. Care to quit reading blindly out of the playbook and comment with any relevance to the subject?
Sessions was fired, yes? Then Trump has no authority to choose a temporary non-Senate approved successor.
President cannot FIRE someone at the AG or Secretary level and them replace him at will with a non-Senate approved Federal officer.
Sorry, but Sessions resigned. The letter proves it, and by the way, Sessions recused himself from the Special Counsel probe in the first place. The Dems are SCARED that their whole house of cards is going to be exposed.
Actually Trump can appoint Whitacker because he is a licensed attorney in good standing and has worked in a senior level position at the DOJ for over 90 days. The limit of his temp appointment, without Senate confirmation, is 220 days. The Dems throw even more BS against the wall.
He was illegally put in office. The AG was fired and not incompassitated, so an intern AG appt is inappropriate. Trump can never help himself from stepping in it. He does it constantly and at every turn.
Wrong!! The person must be ranked GS-15 or higher and must have served in a senior DOJ administrative position. As Chief of Staff for Sessions, Whittaker meets all of the legal requirements to be acting AG for up to 210 days or during the period an AG has been submitted to the Senate and is undergoing the vetting process.
Wrong!! Quit reading the fake news - AG Sessions was not fired - at the request of the President, he submitted his resignation.