Fox News: New AG is illegal appointment

Discussion in 'Political Opinions & Beliefs' started by Ronstar, Nov 13, 2018.

  1. Ronstar

    Ronstar Well-Known Member Past Donor

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    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
     
  2. Capt Nice

    Capt Nice Well-Known Member

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    Wow, trouble if trump starts calling FOX fake news.
     
  3. TomFitz

    TomFitz Well-Known Member

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    The way he's been acting lately, he just might!
     
  4. Ronstar

    Ronstar Well-Known Member Past Donor

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    if Whitaker fires Mueller or tries to clamp down on his investigation, Mueller can ignore all such orders.
     
  5. Mac-7

    Mac-7 Banned

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    Napalatino is a “preeminent” legal scholar?

    Dont make me laugh
     
    Last edited: Nov 13, 2018
  6. Mac-7

    Mac-7 Banned

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    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?
     
  7. Sanskrit

    Sanskrit Well-Known Member

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    "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.
     
    Last edited: Nov 13, 2018
  8. TrueScotsman

    TrueScotsman Well-Known Member

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    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.
     
  9. Mac-7

    Mac-7 Banned

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    I dont agree

    Again, if a liberal judge oversteps his authority and issues an illegal restraining order against trump it can be ignored?
     
  10. TrueScotsman

    TrueScotsman Well-Known Member

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    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.
     
  11. TomFitz

    TomFitz Well-Known Member

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    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.
     
  12. Mac-7

    Mac-7 Banned

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    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
     
  13. RodB

    RodB Well-Known Member Donor

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    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.
     
  14. Durandal

    Durandal Well-Known Member Donor

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    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.
     
  15. RodB

    RodB Well-Known Member Donor

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    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?
     
  16. Ronstar

    Ronstar Well-Known Member Past Donor

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    Sessions was fired, yes? Then Trump has no authority to choose a temporary non-Senate approved successor.
     
    Last edited: Nov 13, 2018
  17. Ronstar

    Ronstar Well-Known Member Past Donor

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    President cannot FIRE someone at the AG or Secretary level and them replace him at will with a non-Senate approved Federal officer.
     
  18. Texas Republican

    Texas Republican Well-Known Member Past Donor

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    Take it to the Supreme Court. If Trump loses, he'll dump Whitaker.
     
  19. Esperance

    Esperance Well-Known Member Past Donor

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    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.
     
  20. Esperance

    Esperance Well-Known Member Past Donor

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    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.
     
    Last edited: Nov 13, 2018
  21. GHook93

    GHook93 Member

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    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.
     
  22. Vet1966

    Vet1966 Well-Known Member Past Donor

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    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.
     
  23. Vet1966

    Vet1966 Well-Known Member Past Donor

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    Wrong!!

    Quit reading the fake news - AG Sessions was not fired - at the request of the President, he submitted his resignation.
     

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