Matthew Whitaker and TDS

Give Matthew Whitaker a chance as attorney general

The delusional Left is now apoplectic at the prospect of the supervision of the Mueller investigation by Acting A.G. Matthew Whitaker.

But let's be real for a moment. Although the "Russia Collusion" story is based on a few well-publicized falsehoods, it is arguable that The Public is entitled to know whether the Trump Campaign CONSPIRED with certain operatives of the Putin government ("collusion" is not a crime) to try to influence the results of the 2016 Presidential Election.

It remains noteworthy that NO RATIONAL person believes that these efforts - even if real and proven - had any effect on the result of the 2016 election. Mueller has admitted this in at least one court filing. No votes were impacted by this activity.

Trump's PROBLEM with the Mueller investigation is ENTIRELY with the letter of authorization, to wit:

The Special Counsel is authorized to conduct the investigation confinned by then-FBI Director James B. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:
  1. (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and
    (ii) any matters that arose or may arise directly from the investigation; and
  2. (iii) any other matters within the scope of 28 C.F.R. § 600.4(a).

    The underlined section, in effect, authorizes the Mueller team to go far beyond the relevant inquiry, to investigate any crimes or possible crimes that are uncovered in the course of dealing with 1.(i). This part of the authorization has colloquially been referred to as the "Witch Hunt."

    And it is bullshit. Manifestly.

    The fear of the Left is that Whitaker might take steps to constrain Mueller from pursuing the Witch Hunt any further, even as might relate to the President's personal financial affairs or taxes.

    It is doubtful that Whitaker would undertake such a restraining action, as that bell has already been rung. But even if he were to do so, it would be the Right Thing to Do.

    Good God, let's hope that Mueller is getting close to wrapping this thing up.

The Trump Collusion 'story'? Trump has admitted that his campaign met with a Russian operative for the express purpose of collecting information on hillary from 'high level sources' as part of the Russian government's effort to support Trump. WIth Trump lying about the meeting to try and cover it up for months and compelled others to lie to try and cover up that meeting?

US intelligence agencies have confirmed that Russian attacked the 2016 election to aid Trump?

With Trump Foreign Policy Advisor being told by senior Trump officials to meet with represeatives of Putin's cabinet and the Russian Ministry of Foreign Affairs to collect information on Hillary's emails.?

With numerous Trump campaign officials pleading guilty to lying to the FBI about contacts between the Trump Team and the Russian government?

With Trump attacking the investigation into said collusion, even ordering the FBI director to give a pass to members of his cabinet caught lying to the FBI to try and cover up contacts between his team and the Russian goverment.

With the Spanish government turning over wire taps of conversations between Donald Trump Jr. and Russian Intelligence handler Alexander Torshin attempting to set up a secret meeting before the 2016 election?

With Trump telling the Attorney General to shut down the investigation into said collusion between his campaign and the Russian government?

And when that Attorney General refused to follow that directive, Trump firing him and unconstiutionally appointing a loyalist as acting attorney general and an unconfirmed principal officer in violation of both the constittion and the Vacancies Reform Act?

I just want to make sure we're on the same page.

Don't confuse them with facts. BTW, do you have a link on the Spanish Ambassador? I don't have that one.

Not the spanish ambassador. Spanish authorities.

Spanish police have turned over to the FBI wiretaps of conversations involving Alexander Torshin, a prominent Russian banker suspected of money laundering who met with President Donald Trump's eldest son, Donald Trump Jr., during the 2016 US presidential election.

The FBI has obtained wiretaps of a Putin ally tied to the NRA who met with Trump Jr. during the campaign

This is the same Alexander Torshin cited in the Maria Butina indictment as her handler with Russian Intelligence. Who met with Don Jr. in the months leading up to the 2016 election in yet another secret meeting between the Trump Team.....and the Russians.

And the FBI has all of the wiretaps of their conversations now.
 
I don't like him just for the fact that Cheeto knows next to nothing about him, and he comes "highly recommended"...If anything sets off my swamp creature alarm, this does.
I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.
 
I don't like him just for the fact that Cheeto knows next to nothing about him, and he comes "highly recommended"...If anything sets off my swamp creature alarm, this does.
I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.


His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.
 
I don't like him just for the fact that Cheeto knows next to nothing about him, and he comes "highly recommended"...If anything sets off my swamp creature alarm, this does.
I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.


His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.

it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.
 
I don't like him just for the fact that Cheeto knows next to nothing about him, and he comes "highly recommended"...If anything sets off my swamp creature alarm, this does.
I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.


His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.

it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.


The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
 
I don't like him just for the fact that Cheeto knows next to nothing about him, and he comes "highly recommended"...If anything sets off my swamp creature alarm, this does.
I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.


His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.

it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.


The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
,
I don't like him just for the fact that Cheeto knows next to nothing about him, and he comes "highly recommended"...If anything sets off my swamp creature alarm, this does.
I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.


His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.

it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.


The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.

When a vacancy occurs the Vacancies Reform Act provides that the first assistant will serve as the acting official in the absence of a designation by the President which is obviously not the case in this case. The president used his authority to designate an interim AG.
 
I don't like him just for the fact that Cheeto knows next to nothing about him, and he comes "highly recommended"...If anything sets off my swamp creature alarm, this does.
I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.


His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.

it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.


The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
,
I don't like him just for the fact that Cheeto knows next to nothing about him, and he comes "highly recommended"...If anything sets off my swamp creature alarm, this does.
I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.


His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.

it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.


The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.

When a vacancy occurs the Vacancies Reform Act provides that the first assistant will serve as the acting official in the absence of a designation by the President which is obviously not the case in this case. The president used his authority to designate an interim AG.


The First assistant to the Attorney General is the Deputy Attorney General. Says who? Says the USC and the Federal Vacancies Reform Act.

(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

Whittaker isn't the Deputy Attorney General. Nor is he the holder of *any* senate confirmed office. Thus, he can't be appointed per the FVRA. And the constitution allows for only senate confirmed holders for any principal officer. Which the Attorney General is. And Whittaker is not.

Whittaker's appointment by Trump is unconstitutional.
 
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I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.


His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.

it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.


The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
,
I think he will do a fine job. He doesn't hang with the normal political critters here in Iowa. He has a reputation from the Southern New York District for going after corruption on either side of the political isle.

Tracy did a good job telling a little more about him in what she found.


His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.

it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.


The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.

When a vacancy occurs the Vacancies Reform Act provides that the first assistant will serve as the acting official in the absence of a designation by the President which is obviously not the case in this case. The president used his authority to designate an interim AG.


The First assistant to the Attorney General is the Deputy Attorney General. Says who? Says the USC and the Federal Vacancies Reform Act.

(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

Whittaker isn't the Deputy Attorney General. Nor is he the holder of *any* senate confirmed office. Thus, he can't be appointed per the FVRA. And the constitution allows for only senate confirmed holders for any principal officer. Which the Attorney General is. And Whittaker is not.

Whittaker's appointment by Trump is unconstitutional.

Nope, its within the law.

Gosh it says only the president can do this.

  1. U.S. CodeTitle 5Part IIISubpart BChapter 33Subchapter III › § 3345
5 U.S. Code § 3345 - Acting officer
prev | next
Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office
(1)
the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2)
notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A)
during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B)
the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
(b)
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i)
did not serve in the position of first assistant to the office of such officer; or
(ii)
served in the position of first assistant to the office of such officer for less than 90 days; and
(B)
the President submits a nomination of such person to the Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if—
(A)
such person is serving as the first assistant to the office of an officer described under subsection (a);
(B)
the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C)
the Senate has approved the appointment of such person to such office.
(c)
(1)
Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2)
For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–611; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

I doubt it but perhaps you can get the senate to act against President Trump Dreamer?
 
Give Matthew Whitaker a chance as attorney general

The delusional Left is now apoplectic at the prospect of the supervision of the Mueller investigation by Acting A.G. Matthew Whitaker.

But let's be real for a moment. Although the "Russia Collusion" story is based on a few well-publicized falsehoods, it is arguable that The Public is entitled to know whether the Trump Campaign CONSPIRED with certain operatives of the Putin government ("collusion" is not a crime) to try to influence the results of the 2016 Presidential Election.

It remains noteworthy that NO RATIONAL person believes that these efforts - even if real and proven - had any effect on the result of the 2016 election. Mueller has admitted this in at least one court filing. No votes were impacted by this activity.

Trump's PROBLEM with the Mueller investigation is ENTIRELY with the letter of authorization, to wit:

The Special Counsel is authorized to conduct the investigation confinned by then-FBI Director James B. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including:
  1. (i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and
    (ii) any matters that arose or may arise directly from the investigation; and
  2. (iii) any other matters within the scope of 28 C.F.R. § 600.4(a).

    The underlined section, in effect, authorizes the Mueller team to go far beyond the relevant inquiry, to investigate any crimes or possible crimes that are uncovered in the course of dealing with 1.(i). This part of the authorization has colloquially been referred to as the "Witch Hunt."

    And it is bullshit. Manifestly.

    The fear of the Left is that Whitaker might take steps to constrain Mueller from pursuing the Witch Hunt any further, even as might relate to the President's personal financial affairs or taxes.

    It is doubtful that Whitaker would undertake such a restraining action, as that bell has already been rung. But even if he were to do so, it would be the Right Thing to Do.

    Good God, let's hope that Mueller is getting close to wrapping this thing up.
There would be no reason to appoint Whitaker as acting AG instead of allowing Rodstein to temporarily run Justice other than to shut down Mueller's faux investigation of Trump. Whitaker will demand Mueller produce all his evidence of collusion between Trump and the Russian government and will then determine there is none and decide since there is no evidence of collusion there is no reason for a special prosecutor and turn all of Mueller's other investigations to prosecutors in the Justice Dept.

I expect this to happen pretty quickly so that the new AG Trump will appoint can come into office untouched by this controversy.
 
Trump doesn't know him. But he gave him the job of TOP LAW ENFORCEMENT OFFICER OF THE UNITED STATES.

You morons have zero shame.

You are WORSE than the fuckers who stood by Nixon.

And, like them, a decade from now, you will all claim that you never supported Trump.

Assholes.
 
Trump doesn't know him. But he gave him the job of TOP LAW ENFORCEMENT OFFICER OF THE UNITED STATES.

You morons have zero shame.

You are WORSE than the fuckers who stood by Nixon.

And, like them, a decade from now, you will all claim that you never supported Trump.

Assholes.
Do you wake up stupid in the morning or do you have to work at it? If you had something going on between your ears, you would understand that while Trump does not personally know Whitaker, Whitaker is well know within the Republican Party and was appointed acting AG, instead of allowing Rodstein to temporarily run Justice, so that he, Whitaker, can shut down the Mueller faux investigation and allow the AG Trump will soon appoint come into office untouched by this issue.
 
Skylar, you are positively amazing. EVERYTHING you have posted in this thread is wrong.

It can't be random chance. EVERYTHING.

What a maroooooooooon.
 
His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.
it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.

The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
,
His appointment is unconstitutional. You can't appoint a principal officer. They have to be confirmed. Even under the Vacancy Reform Act, the role of Attorney General falls to the Deputy Attorney General until such time as a new Attorney General is nominated and confirmed by the Senate.
it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.

The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
When a vacancy occurs the Vacancies Reform Act provides that the first assistant will serve as the acting official in the absence of a designation by the President which is obviously not the case in this case. The president used his authority to designate an interim AG.

The First assistant to the Attorney General is the Deputy Attorney General. Says who? Says the USC and the Federal Vacancies Reform Act.

(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

Whittaker isn't the Deputy Attorney General. Nor is he the holder of *any* senate confirmed office. Thus, he can't be appointed per the FVRA. And the constitution allows for only senate confirmed holders for any principal officer. Which the Attorney General is. And Whittaker is not.

Whittaker's appointment by Trump is unconstitutional.
Nope, its within the law.

Gosh it says only the president can do this.

  1. U.S. CodeTitle 5Part IIISubpart BChapter 33Subchapter III › § 3345
5 U.S. Code § 3345 - Acting officer
prev | next
Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1)
the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2)
notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A)
during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B)
the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
(b)
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i)
did not serve in the position of first assistant to the office of such officer; or
(ii)
served in the position of first assistant to the office of such officer for less than 90 days; and
(B)
the President submits a nomination of such person to the Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if—
(A)
such person is serving as the first assistant to the office of an officer described under subsection (a);
(B)
the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C)
the Senate has approved the appointment of such person to such office.
(c)
(1)
Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2)
For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–611; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

I doubt it but perhaps you can get the senate to act against President Trump Dreamer?


And these key provisions demonstrate that Trump's appointment is unconstitutional:

(1)Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(i) did not serve in the position of first assistant to the office of such officer; or

(ii) served in the position of first assistant to the office of such officer for less than 90 days; and

Whittaker didn't serve as the first assistant to the Attorney General. As the FVRA makes it clear who the first assistant to the Attorney General is:

(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

The Deputy Attorney General.

With the FVRA making it explicit that a person may not serve as an acting officer for an office if they haven't served as first assistant for the office.

And Whittaker never served as the first assistant to the Attorney General. Rosenstein did.
 
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Skylar, you are positively amazing. EVERYTHING you have posted in this thread is wrong.

It can't be random chance. EVERYTHING.

What a maroooooooooon.

Laughing.....so the USC doesn't say that the first assistant to the Attorney General is the Deputy Attorney General? Then how, pray tell do you explain this passage in the Federal Vacancies Reform Act?

In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

Remember, you don't actually have a clue what we're discussing. It tends to hamper the utility of your assessments.
 
Trump doesn't know him. But he gave him the job of TOP LAW ENFORCEMENT OFFICER OF THE UNITED STATES.

You morons have zero shame.

You are WORSE than the fuckers who stood by Nixon.

And, like them, a decade from now, you will all claim that you never supported Trump.

Assholes.
Do you wake up stupid in the morning or do you have to work at it? If you had something going on between your ears, you would understand that while Trump does not personally know Whitaker, Whitaker is well know within the Republican Party and was appointed acting AG, instead of allowing Rodstein to temporarily run Justice, so that he, Whitaker, can shut down the Mueller faux investigation and allow the AG Trump will soon appoint come into office untouched by this issue.

Try again.

This time, use English.
 
Trump doesn't know him. But he gave him the job of TOP LAW ENFORCEMENT OFFICER OF THE UNITED STATES.

You morons have zero shame.

You are WORSE than the fuckers who stood by Nixon.

And, like them, a decade from now, you will all claim that you never supported Trump.

Assholes.
Do you wake up stupid in the morning or do you have to work at it? If you had something going on between your ears, you would understand that while Trump does not personally know Whitaker, Whitaker is well know within the Republican Party and was appointed acting AG, instead of allowing Rodstein to temporarily run Justice, so that he, Whitaker, can shut down the Mueller faux investigation and allow the AG Trump will soon appoint come into office untouched by this issue.

Try again.

This time, use English.
The problem you are experiencing is not with my language but with the lack of activity between your ears.
 
Trump doesn't know him. But he gave him the job of TOP LAW ENFORCEMENT OFFICER OF THE UNITED STATES.

You morons have zero shame.

You are WORSE than the fuckers who stood by Nixon.

And, like them, a decade from now, you will all claim that you never supported Trump.

Assholes.
Do you wake up stupid in the morning or do you have to work at it? If you had something going on between your ears, you would understand that while Trump does not personally know Whitaker, Whitaker is well know within the Republican Party and was appointed acting AG, instead of allowing Rodstein to temporarily run Justice, so that he, Whitaker, can shut down the Mueller faux investigation and allow the AG Trump will soon appoint come into office untouched by this issue.

Try again.

This time, use English.
The problem you are experiencing is not with my language but with the lack of activity between your ears.

You bore me.

Your guy is a moron. You think he's brilliant. You're a moron.
 
Trump doesn't know him. But he gave him the job of TOP LAW ENFORCEMENT OFFICER OF THE UNITED STATES.

You morons have zero shame.

You are WORSE than the fuckers who stood by Nixon.

And, like them, a decade from now, you will all claim that you never supported Trump.

Assholes.
Do you wake up stupid in the morning or do you have to work at it? If you had something going on between your ears, you would understand that while Trump does not personally know Whitaker, Whitaker is well know within the Republican Party and was appointed acting AG, instead of allowing Rodstein to temporarily run Justice, so that he, Whitaker, can shut down the Mueller faux investigation and allow the AG Trump will soon appoint come into office untouched by this issue.

Try again.

This time, use English.
The problem you are experiencing is not with my language but with the lack of activity between your ears.

You bore me.

Your guy is a moron. You think he's brilliant. You're a moron.
Perhaps electroshock therapy could produce so activity in that inert matter between your ears.
 
Skylar, you are positively amazing. EVERYTHING you have posted in this thread is wrong.

It can't be random chance. EVERYTHING.

What a maroooooooooon.

Laughing.....so the USC doesn't say that the first assistant to the Attorney General is the Deputy Attorney General? Then how, pray tell do you explain this passage in the Federal Vacancies Reform Act?

In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

Remember, you don't actually have a clue what we're discussing. It tends to hamper the utility of your assessments.
Just ignore the portion
it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.

The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
,
it is not unconstitutional. Your dreaming, wishing, and hoping but truth be told you are screwed. Too bad so sad, sucks to be you. Watch the video. Tracy even took the time to quote the legality of his appointment as an interim AG.

The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
When a vacancy occurs the Vacancies Reform Act provides that the first assistant will serve as the acting official in the absence of a designation by the President which is obviously not the case in this case. The president used his authority to designate an interim AG.

The First assistant to the Attorney General is the Deputy Attorney General. Says who? Says the USC and the Federal Vacancies Reform Act.

(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

Whittaker isn't the Deputy Attorney General. Nor is he the holder of *any* senate confirmed office. Thus, he can't be appointed per the FVRA. And the constitution allows for only senate confirmed holders for any principal officer. Which the Attorney General is. And Whittaker is not.

Whittaker's appointment by Trump is unconstitutional.
Nope, its within the law.

Gosh it says only the president can do this.

  1. U.S. CodeTitle 5Part IIISubpart BChapter 33Subchapter III › § 3345
5 U.S. Code § 3345 - Acting officer
prev | next
Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1)
the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2)
notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A)
during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B)
the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
(b)
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i)
did not serve in the position of first assistant to the office of such officer; or
(ii)
served in the position of first assistant to the office of such officer for less than 90 days; and
(B)
the President submits a nomination of such person to the Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if—
(A)
such person is serving as the first assistant to the office of an officer described under subsection (a);
(B)
the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C)
the Senate has approved the appointment of such person to such office.
(c)
(1)
Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2)
For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–611; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

I doubt it but perhaps you can get the senate to act against President Trump Dreamer?


And these key provisions demonstrate that Trump's appointment is unconstitutional:

(1)Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(i) did not serve in the position of first assistant to the office of such officer; or

(ii) served in the position of first assistant to the office of such officer for less than 90 days; and

Whittaker didn't serve as the first assistant to the Attorney General. As the FVRA makes it clear who the first assistant to the Attorney General is:

(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

The Deputy Attorney General.

With the FVRA making it explicit that a person may not serve as an acting officer for an office if they haven't served as first assistant for the office.

And Whittaker never served as the first assistant to the Attorney General. Rosenstein did.
I realize you would like to ignore this portion but its still there.

(c)
(1)
Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2)
For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
 
Skylar, you are positively amazing. EVERYTHING you have posted in this thread is wrong.

It can't be random chance. EVERYTHING.

What a maroooooooooon.

Laughing.....so the USC doesn't say that the first assistant to the Attorney General is the Deputy Attorney General? Then how, pray tell do you explain this passage in the Federal Vacancies Reform Act?

In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

Remember, you don't actually have a clue what we're discussing. It tends to hamper the utility of your assessments.
Just ignore the portion
The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
,
The constitution is clear that principal officers must be confirmed by the Senate. You can't 'appoint' them. You can only nominate them and have them confirmed by the Senate.

Whittaker hasn't been confirmed by the senate. Thus, sitting as acting Attorney General is unconstitutional.

The law that Tracy cited *explicitly* indicates that if the role of the Attorney General is vacant, the duties shall fall to the Deputy Attorney General.
When a vacancy occurs the Vacancies Reform Act provides that the first assistant will serve as the acting official in the absence of a designation by the President which is obviously not the case in this case. The president used his authority to designate an interim AG.

The First assistant to the Attorney General is the Deputy Attorney General. Says who? Says the USC and the Federal Vacancies Reform Act.

(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

Whittaker isn't the Deputy Attorney General. Nor is he the holder of *any* senate confirmed office. Thus, he can't be appointed per the FVRA. And the constitution allows for only senate confirmed holders for any principal officer. Which the Attorney General is. And Whittaker is not.

Whittaker's appointment by Trump is unconstitutional.
Nope, its within the law.

Gosh it says only the president can do this.

  1. U.S. CodeTitle 5Part IIISubpart BChapter 33Subchapter III › § 3345
5 U.S. Code § 3345 - Acting officer
prev | next
Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1)
the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2)
notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A)
during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B)
the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
(b)
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i)
did not serve in the position of first assistant to the office of such officer; or
(ii)
served in the position of first assistant to the office of such officer for less than 90 days; and
(B)
the President submits a nomination of such person to the Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if—
(A)
such person is serving as the first assistant to the office of an officer described under subsection (a);
(B)
the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C)
the Senate has approved the appointment of such person to such office.
(c)
(1)
Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2)
For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–611; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

I doubt it but perhaps you can get the senate to act against President Trump Dreamer?


And these key provisions demonstrate that Trump's appointment is unconstitutional:

(1)Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(i) did not serve in the position of first assistant to the office of such officer; or

(ii) served in the position of first assistant to the office of such officer for less than 90 days; and

Whittaker didn't serve as the first assistant to the Attorney General. As the FVRA makes it clear who the first assistant to the Attorney General is:

(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.

28 U.S. Code § 508 - Vacancies

The Deputy Attorney General.

With the FVRA making it explicit that a person may not serve as an acting officer for an office if they haven't served as first assistant for the office.

And Whittaker never served as the first assistant to the Attorney General. Rosenstein did.
I realize you would like to ignore this portion but its still there.

(c)
(1)
Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2)
For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.

And in the same section, it provides limitations to this power to appoint an acting officer:

(1)Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(i) did not serve in the position of first assistant to the office of such officer; or

(ii) served in the position of first assistant to the office of such officer for less than 90 days; and

You're ignoring these limitations placed upon the President by the FVRA, and then pretending that because you ignore them, they don't apply.

That's not how the law works. No person can serve as an acting officer unless they've served in the position of first assistant to that office for more than 90 days.

Whittaker never served as first assistant to the Attorney General. Making his appointment contrary to the statutory limitations of the FVRA and eliminating the FVRA as the basis for such an appointment.

Which leaves only the constitution. Which has zero provision for a senate confirmation free appointment in any capacity for anyone in the role of a principal officer. Making Whittaker's appointment unconstitutional.
 
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