Kellyanne Conway's husband says Trump's appointment to replace Sessions is 'unconstitutional'

[edpc]

Washington (CNN) — The husband of White House counselor Kellyanne Conway is arguing that the President's decision to instate Matthew Whitaker as acting attorney general is "unconstitutional" and "illegal."

On Wednesday, President Donald Trump requested Attorney General Jeff Sessions' resignation and announced Whitaker, who was Sessions' chief of staff, would take charge of the Department of Justice until a permanent replacement is nominated at a later date.

George Conway, Kellyanne Conway's husband, slammed the move in an op-ed published Thursday in the New York Times.

https://www-m.cnn.com/2018/11/08/politics/george-conway-trump-acting-attorney-general-unconstitutional/index.html?r=https%3A%2F%2Fwww.cnn.com%2F

[edpc]

I believe the main argument over Whitaker stems from the Federal Vacancies Reform Act and whether someone not confirmed by the Senate can hold a cabinet level position.  If it’s challenged and makes its way to SCOTUS, it’ll be interesting to see how opinions fall, based on previous decisions, like NLRB v. SW General, Inc. and the changes in political climate.



https://harvardlawreview.org/2017/11/nlrb-v-sw-general-inc/

[jafo2010]

He is acting head, and not appointed permanently.  I believe Trump is fully in his right to keep that branch moving forward.

[WilliamVA]

I believe the main argument over Whitaker stems from the Federal Vacancies Reform Act and whether someone not confirmed by the Senate can hold a cabinet level position.  If it’s challenged and makes its way to SCOTUS, it’ll be interesting to see how opinions fall, based on previous decisions, like NLRB v. SW General, Inc. and the changes in political climate.

I don't thinkthe FVRA addresses confirmation,  doowops husband referred to the Appoinments Clause in the Constitution.
Whitaker was in fact confirmed by the Senate when he was appointed US attorney some time back.   That has to be good
enough, otherwise even Rosenstein could not sit as Acting, because he was not confirmed to a "Cabinet Level Post".  There
was no hue and cry when whatshername was appointed acting and defied Trump.   No Whitaker is good for210 days.



https://harvardlawreview.org/2017/11/nlrb-v-sw-general-inc/

[Chosen Daughter]

Kellyanne said herself that Sessions was doing a great job.  Whether replacing him is unconstitutional I do not know.  But Kellyanne and her husband are of one mind on Sessions.  Trumps administration is as divided as we are on this board. 

https://www.msn.com/en-us/video/peopleandplaces/kellyanne-conway-sessions-doing-a-great-job/vp-BBMBBQb

[Frank Cannon]

He is acting head, and not appointed permanently.  I believe Trump is fully in his right to keep that branch moving forward.

Amen. Exactly. This fat gasbag lawyer is talking out his ass. There are always vacancies popping up and that is why there are always number 2's to slide in and fill the leadership gap until it is filled.

[edpc]

I don't thinkthe FVRA addresses confirmation,  doowops husband referred to the Appoinments Clause in the Constitution.  Whitaker was in fact confirmed by the Senate when he was appointed US attorney some time back.  That has to be good enough, otherwise even Rosenstein could not sit as Acting, because he was not confirmed to a "Cabinet Level Post".  There was no hue and cry when whatshername was appointed acting and defied Trump.   No Whitaker is good for210 days.

Both Rosenstein and Yates went through Senate confirmation for the DAG position.  The US Attorney appointment for Whitaker has no standing for this position.  All it really means is he’s qualified.  He could serve under FRVA, but would eventually have to be confirmed to remain after the 210 days.

The argument can be made against the appointment to this position, as cited in the previous case linked.  Both Roberts and Thomas argued against a similar FRVA appointment.

On top of everything else, there’s this.....


FBI Is Investigating Florida Company Where Whitaker Was Advisory-Board Member

https://www.wsj.com/amp/articles/fbi-is-investigating-florida-company-where-whitaker-was-advisory-board-member-1541799564

[Full Nelson]

His wife has the job, not him.