Matthew Whitaker and TDS

[RodISHI]

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

,
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. Code › Title 5 › Part III › Subpart B › Chapter 33 › Subchapter III › § 3345

5 U.S. Code § 3345 - Acting officer

• US Code
• Notes
• Authorities (CFR)

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.

Dang you are dense.

There are three categories to choose from under the FVR.
"The attorney general serves at the pleasure of the president."

FROM THE DOD (they are the existing authority at this moment not you).

"Under the FVRA, there are generally three categories of persons who can serve in an acting capacity for vacant PAS positions:

* The “first assistant” to the vacant position.The Act does not define this term, but legislative historyindicates that it generally refers to the top deputy to the position.
* An existing PAS (from the agency at issue or from any other agency) designated by the President (and only the President).
* Certain senior agency employees designated by the President (and only the President).

Specific time frames and other statutory considerations limit service for all three categories.There is a general limit of 210 days for serving in an acting PAS capacity. [5 U.S.C. 3346] With respect to any vacancy that exists during the 60-day period beginning with a Presidential inauguration, the 210 days begin on the later of 90 days after the inauguration or 90 days after the date of the vacancy. Different rules apply if the President nominates a person to fill the PAS position on a permanent basis during the period that the position is held on an acting basis.
The Office of Legal Counsel at the Department of Justice has issued extensive guidance on the FVRA
[see http://www.justice.gov/sites/default/files/olc/opinions/1999/03/31/op-olc-v023-p0060.pdf].
Specific questions should be addressed to that office (XXX-XXX-XXXX).
The Assistant to the President for Presidential Personnel coordinates all activities relating to Presidential appointments.
[NOTE: This section reflects the current interpretation of the FVRA by the Office of Legal Counsel. Litigation is pending before the Supreme Court that could affect this interpretation."

 

[georgephillip]

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

Is Whitaker confused about

Marbury v. Madison: L’omission qui changea la face du monde (How John Marshall’s misquote changed history)

"WASHINGTON — The acting attorney general, Matthew G. Whitaker, once espoused the view that the courts 'are supposed to be the inferior branch' and criticized the Supreme Court’s power to review legislative and executive acts and declare them unconstitutional, the lifeblood of its existence as a coequal branch of government."

Acting Attorney General Matthew G. Whitaker Once Criticized Supreme Court’s Power

How should good Republicans regard someone who wants to diminish the authority of SCOTUS?

 

[Aba Incieni]

He's in charge of the Mueller investigation. Get over it.

 

[toomuchtime_]

He's in charge of the Mueller investigation. Get over it.

He is in charge of the soon to be former Mueller investigation.