Politics TRUMP'S APPOINTMENT OF WHITAKER IS ILLEGAL AND UNCONSTITUTIONAL

Discussion in 'Blazers OT Forum' started by Chris Craig, Nov 8, 2018.

  1. Chris Craig

    Chris Craig (Blazersland) I'm Your Huckleberry Staff Member Global Moderator Moderator

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  2. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    Subsection (a)(3) adds that “notwithstanding paragraph (1),” the President “may direct” a person to perform acting duties if the person served in a senior position in the relevant agency for at least 90 days in the 365-day period preceding the vacancy. (Bottom of page 8)

    Still waiting for a difference between this situation and Lafe Solomon in the NLRB (who was not previously serving in a Senate-confirmed position, but was at the time the Director of the NLRB’s Office of Representation Appeals--same link, top of page 10)
     
  3. Chris Craig

    Chris Craig (Blazersland) I'm Your Huckleberry Staff Member Global Moderator Moderator

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    "(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.

    He has not been approved by the senate
     
  4. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    We're not talking about (2) Paragraph (1). and none of those caveats apply anyway.
     
  5. Strenuus

    Strenuus Global Moderator Staff Member Global Moderator

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    I briefly thought about going into law.


    After reading this, me choosing not to go into law is one of the best decisions I ever made. Holy hell this is confusing.
     
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  6. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    See, I'm just the opposite. Poring over some of the text of the statute and the SC decision made me regret not going into law, and makes me look forward to 10 years from now when my naturally-loophole-seeking son is in law school.
     
  7. Strenuus

    Strenuus Global Moderator Staff Member Global Moderator

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    ha. I was joking mainly. It'd of never been a passion, to whereas now I am following a passion. So it worked out.

    Nice description of your son, by the way. LOL.
     
  8. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    Oh I've been telling him for years that he is a born lawyer. Dude will argue semantics till the cows come home.

    Fortunately, I'm better at it than he is.
     
  9. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    For now. Sounds like there will come a time...

    barfo
     
  10. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    'Twill be one of the prouder moments of my life when I can officially pass the baton.
     
  11. Chris Craig

    Chris Craig (Blazersland) I'm Your Huckleberry Staff Member Global Moderator Moderator

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    Maybe your reading of it is right. I don't know. It was fun arguing though
     
  12. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    Always. I'm much more educated about the topic now than I was before the thread started. You made me work.
     
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  13. MARIS61

    MARIS61 Real American

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    The position does not need to filled under any certain time frame, so if needed, Trump can leave it vacant until congress wants to go home again for Thanksgiving.

    Dems keep making themselves look like morons fighting all these unwinnable fake-outrage wars on every minute thing Trump does. Their Kavanaugh smear cost them 4 seats.
     
  14. MarAzul

    MarAzul LongShip

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    Trump is the Chief executive of the United States. He is not required to have an Attorney General, but if he does, the AG must be approved by the Senate. Until then he is free to have people assist him in is duties, including a person to look over the Justice Department, thus we have an Acting AG. The acting AG may not do some things that an approve AG might do. One is to sign FISA warrants. I read somewhere this is one restriction, Rosentein would need to do that one.
     
  15. MARIS61

    MARIS61 Real American

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    I bet he'll be more careful than he was with that bogus Carter Page warrant, maybe not lie to the fisa court this time? :dunno:
     
  16. Rhal

    Rhal Well-Known Member

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    Shocking that Trump places the guy who wrote a CNN articles bout how to neutere the Mueller investigation and has also been on just about every News station about how he thinks Mueller is overstepping himself about how it should be shut down ect ect. This guy now overseas everything about the Mueller investigation. This is clearly something someone with nothing to hide and isn't scared Mueller would do.
     
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  17. Lanny

    Lanny Original Season Ticket Holder "Mr. Big Shot"

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    There's an argument that he can't even do that. Your appointee is supposed to be confirmed by Congress. Doesn't have to be confirmed for that job but must be confirmed for something. However, there is a loophole, and Trump is the King of finding loopholes.
    Will the loophole hold? I dunno, let's ask Trump's Supreme Court. Oh, I wonder what their answer will be.
     
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  18. Lanny

    Lanny Original Season Ticket Holder "Mr. Big Shot"

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    And, was that 'lie' reversed?
     
  19. MARIS61

    MARIS61 Real American

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    Mueller was not confirmed by the Senate, he was appointed by Mueller shortly after he suggested illegally wiretapping the President.

    Rosenstein is a main target of the illegal FISA warrant investigation that the entire Mueller fake Russian collusion smear is built on.

    Neither should be employed in our government, except maybe as jail trustees.
     
  20. PtldPlatypus

    PtldPlatypus Let's go Baby Blazers! Staff Member Global Moderator Moderator

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    Mueller appointed himself? Impressive.
     
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