Democratic senators sue to challenge Trump's Whitaker appointment

[Free Vulcan]

WASHINGTON (Reuters) - Three Democratic senators launched a new legal challenge on Monday to President Donald Trump’s naming of Matthew Whitaker as acting attorney general, accusing Trump of depriving the U.S. Senate of its constitutional power to act on such appointments.

The lawsuit was filed in federal court in Washington by Senators Richard Blumenthal, Sheldon Whitehouse and Senator Mazie Hirono, all members of the Senate Judiciary Committee that customarily reviews attorney general nominations.

Congressional Democrats have expressed concern that Whitaker, a Trump loyalist, could undermine or even fire Special Counsel Robert Mueller, whose investigation of Russia’s role in the 2016 U.S. election has cast a cloud over Trump’s presidency.

https://www.reuters.com/article/us-usa-justice-whitaker/democratic-senators-sue-to-challenge-trumps-whitaker-appointment-idUSKCN1NO1YN

[txradioguy]

Going to court to try and usurp the Presidents executive branch power to appoint cabinet level employees?

You know 10-20 years ago this would have been laughed out of court.

Now however...

[InHeavenThereIsNoBeer]

Going to court to try and usurp the Presidents executive branch power to appoint cabinet level employees?

You know 10-20 years ago this would have been laughed out of court.

Now however...

Has Congress passed a law granting the executive the power to appoint an (acting) AG?


He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

[Free Vulcan]

Has Congress passed a law granting the executive the power to appoint an (acting) AG?


He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

There is also the Vacancies Act of 1998, which allows temporary appointments for up to 210 days.

[Cyber Liberty]

Going to court to try and usurp the Presidents executive branch power to appoint cabinet level employees?

You know 10-20 years ago this would have been laughed out of court.

Now however...

I think it will still be laughed out of court (at the SCOTUS level anyway).  There is recent precedent, when Obastard attempted to recess-appoint people while the Senate was still in session (a Senate that was not likely to confirm).  SCOTUS slapped him down, and this was before Gorsuch and Kavanaugh.

[InHeavenThereIsNoBeer]

There is also the Vacancies Act of 1998, which allows temporary appointments for up to 210 days.

Okay, sounds like they did.   Thanks.

[Cyber Liberty]

Has Congress passed a law granting the executive the power to appoint an (acting) AG?


He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Article II, Section 2, Paragraph 3:

3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

He doesn't need a "by your leave" from the Senate to make a recess appointment.

[InHeavenThereIsNoBeer]

Article II, Section 2, Paragraph 3:

He doesn't need a "by your leave" from the Senate to make a recess appointment.

That would put him in even better position than FV's answer, but I didn't think they were in recess.

[Free Vulcan]

Okay, sounds like they did.   Thanks.

The Dems are disupting this, as far as I can understand, based on the fact that the AGUSA is a 'superior' officer, and Whitaker has never been anything but an unconfirmed 'inferior' officer.

They argue that an inferior officer can never take a superior position unconfirmed, even temporarily, while the Admin says that the VA98 gives them that authority for 210 days.

[Cyber Liberty]

That would put him in even better position than FV's answer, but I didn't think they were in recess.

They went into recess for the election, and only returned a week ago.  Whitaker's appointment occurred during that time.

[Cyber Liberty]

The Dems are disupting this, as far as I can understand, based on the fact that the AGUSA is a 'superior' officer, and Whitaker has never been anything but an unconfirmed 'inferior' officer.

They argue that an inferior officer can never take a superior position unconfirmed, even temporarily, while the Admin says that the VA98 gives them that authority for 210 days.

That is my understanding of the grounds for the suit.  The Rats are insisting Rosenswine take the AG's chair. 

[InHeavenThereIsNoBeer]

They went into recess for the election, and only returned a week ago.  Whitaker's appointment occurred during that time.

Thanks, I missed that.

[txradioguy]

They argue that an inferior officer can never take a superior position unconfirmed, even temporarily, while the Admin says that the VA98 gives them that authority for 210 days.

But isn't that's what happened with Mueller? 

If the Dems win on that argument...then it gives the Trump administration the ammo it needs to fire Mueller once and for all.