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Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
Isabella
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User ID: 421592
11-09-2018 02:55 AM

Posts: 8,258



Post: #61
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
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Isabella  Wrote: (11-09-2018 01:03 AM)
LoP Guest  Wrote: (11-09-2018 12:54 AM)
Really? How is his appointment illegal?


George is Kellyanne Conway's husband.



Trump’s Appointment of the Acting Attorney General Is Unconstitutional
By NEAL K. KATYAL and GEORGE T. CONWAY III
5 hrs ago

"What now seems an eternity ago, the conservative law professor Steven Calabresi published an op-ed in The Wall Street Journal in May arguing that Robert Mueller’s appointment as special counsel was unconstitutional. His article got a lot of attention, and it wasn’t long before President Trump picked up the argument, tweeting that “the Appointment of the Special Counsel is totally UNCONSTITUTIONAL!”

Professor Calabresi’s article was based on the Appointments Clause of the Constitution, Article II, Section 2, Clause 2. Under that provision, so-called principal officers of the United States must be nominated by the president and confirmed by the Senate under its “Advice and Consent” powers.

He argued that Mr. Mueller was a principal officer because he is exercising significant law enforcement authority and that since he has not been confirmed by the Senate, his appointment was unconstitutional. As one of us argued at the time, he was wrong. What makes an officer a principal officer is that he or she reports only to the president. No one else in government is that person’s boss. But Mr. Mueller reports to Rod Rosenstein, the deputy attorney general. So, Mr. Mueller is what is known as an inferior officer, not a principal one, and his appointment without Senate approval was valid.

But Professor Calabresi and the president were right about the core principle. A principal officer must be confirmed by the Senate. And that has a very, very significant consequence today.

It means that President Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.

Much of the commentary about Mr. Whitaker’s appointment has focused on all sorts of technical points about the Vacancies Reform Act and Justice Department succession statutes. But the flaw in the appointment of Mr. Whitaker, who was Mr. Sessions’s chief of staff at the Justice Department, runs much deeper. It defies one of the explicit checks and balances set out in the Constitution, a provision designed to protect us all against the centralization of government power.

If you don’t believe us, then take it from Supreme Court Justice Clarence Thomas, whom President Trump once called his “favorite” sitting justice. Last year, the Supreme Court examined the question of whether the general counsel of the National Labor Relations Board had been lawfully appointed to his job without Senate confirmation. The Supreme Court held the appointment invalid on a statutory ground.

Justice Thomas agreed with the judgment, but wrote separately to emphasize that even if the statute had allowed the appointment, the Constitution’s Appointments Clause would not have. The officer in question was a principal officer, he concluded. And the public interest protected by the Appointments Clause was a critical one: The Constitution’s drafters, Justice Thomas argued, “recognized the serious risk for abuse and corruption posed by permitting one person to fill every office in the government.” Which is why, he pointed out, the framers provided for advice and consent of the Senate.

What goes for a mere lawyer at the N.L.R.B. goes in spades for the attorney general of the United States, the head of the Justice Department and one of the most important people in the federal government. It is one thing to appoint an acting underling, like an acting solicitor general, a post one of us held. But those officials are always supervised by higher-ups; in the case of the solicitor general, by the attorney general and deputy attorney general, both confirmed by the Senate.

Mr. Whitaker has not been named to some junior post one or two levels below the Justice Department’s top job. He has now been vested with the law enforcement authority of the entire United States government, including the power to supervise Senate-confirmed officials like the deputy attorney general, the solicitor general and all United States attorneys.

We cannot tolerate such an evasion of the Constitution’s very explicit, textually precise design. Senate confirmation exists for a simple, and good, reason. Constitutionally, Matthew Whitaker is a nobody. His job as Mr. Sessions’s chief of staff did not require Senate confirmation. (Yes, he was confirmed as a federal prosecutor in Iowa, in 2004, but President Trump can’t cut and paste that old, lapsed confirmation to today.) For the president to install Mr. Whitaker as our chief law enforcement officer is to betray the entire structure of our charter document.

In times of crisis, interim appointments need to be made. Cabinet officials die, and wars and other tragic events occur. It is very difficult to see how the current situation comports with those situations. And even if it did, there are officials readily at hand, including the deputy attorney general and the solicitor general, who were nominated by President Trump and confirmed by the Senate. Either could step in as acting attorney general, both constitutionally and statutorily.

Because Mr. Whitaker has not undergone the process of Senate confirmation, there has been no mechanism for scrutinizing whether he has the character and ability to evenhandedly enforce the law in such a position of grave responsibility. The public is entitled to that assurance, especially since Mr. Whitaker’s only supervisor is President Trump himself, and the president is hopelessly compromised by the Mueller investigation. That is why adherence to the requirements of the Appointments Clause is so important here, and always."


more
https://www.msn.com/en-us/news/opinion/t...li=BBnb7Kz


Kaitlan Collins
‏Verified account @kaitlancollins

Kaitlan Collins Retweeted Jake Tapper

Not only is George Conway Kellyanne’s husband, he was almost named solicitor general way back when.


Collins, a CNN White House reporter is saying that her WH sources were all surprised at the opposition to Whitaker, but more importantly they weren't aware of his writings and public comments about Trump and the Russian investigation

Huh?

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quixotic
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User ID: 472659
11-09-2018 03:03 AM

Posts: 4



Post: #62
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
LoP Guest  Wrote: (11-08-2018 09:20 PM)
how can he be the AG if he hasn't been confirmed?

Rod wasn't confirmed. I must assume he will be next and why shouldn't he be ? Why would the President interfer with an investigation which appears about to wrap up, nothing yet as far as collusion, which is not even a crime and obstruction has not occurred. 18 months is long enough and Trump has been around long enough that any dirt would be piled as high as any of his buildings.
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Isabella
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User ID: 421592
11-09-2018 03:12 AM

Posts: 8,258



Post: #63
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
quixotic  Wrote: (11-09-2018 03:03 AM)
LoP Guest  Wrote: (11-08-2018 09:20 PM)
how can he be the AG if he hasn't been confirmed?

Rod wasn't confirmed. I must assume he will be next and why shouldn't he be ? Why would the President interfer with an investigation which appears about to wrap up, nothing yet as far as collusion, which is not even a crime and obstruction has not occurred. 18 months is long enough and Trump has been around long enough that any dirt would be piled as high as any of his buildings.

Matt Zapotosky
April 25, 2017

" Senate voted Tuesday 94-to-6 to confirm Rod Rosenstein as the deputy attorney general, the second-highest ranking official in the Justice Department and the person who will oversee the investigation into suspected Russian meddling in the U.S. presidential election because the attorney general is now recused."

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zacksavage
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User ID: 300478
11-09-2018 03:18 AM

Posts: 439



Post: #64
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
Isabella  Wrote: (11-09-2018 03:12 AM)
quixotic  Wrote: (11-09-2018 03:03 AM)
Rod wasn't confirmed. I must assume he will be next and why shouldn't he be ? Why would the President interfer with an investigation which appears about to wrap up, nothing yet as far as collusion, which is not even a crime and obstruction has not occurred. 18 months is long enough and Trump has been around long enough that any dirt would be piled as high as any of his buildings.

Matt Zapotosky
April 25, 2017

" Senate voted Tuesday 94-to-6 to confirm Rod Rosenstein as the deputy attorney general, the second-highest ranking official in the Justice Department and the person who will oversee the investigation into suspected Russian meddling in the U.S. presidential election because the attorney general is now recused."

He out-lies all other politicians just like a skilled WWE performer does every day. An actor playing a roll?

I read that even if they fire Mueller or whatever,... now that Dems control the house. They can then re-hire Mueller to continue under their protection.

So,...lose/lose for Trump.

Z
(This post was last modified: 11-09-2018 03:22 AM by zacksavage.) Quote this message in a reply
LoP Guest
lop guest
User ID: 383942
11-09-2018 03:18 AM

 



Post: #65
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
He Man  Wrote: (11-08-2018 09:07 PM)
5* and pin request.

Seems to be true. Whitaker seems to want to be an unethical lackey for a POTUS intent on obstruction of justice of a criminal investigation into himself and his family members. Scream1
...

but you know trump didn't collude with Russia ... and its unethical to open a free wheeling search for any crime he might have committed because we don't ordinarily submit presidents to that, to do so would disadvantage opponents of the establishment, and democrats

why would Russia even NEED to collude if it wanted to influence the election? Russia needed trumps help to figure out how to conduct a clandestine propaganda campaign ?
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Isabella
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11-09-2018 03:23 AM

Posts: 8,258



Post: #66
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
" A.G. Underwood Calls For The Recusal Of Acting Attorney General Whitaker From Special Counsel's Investigation"

"18 Attorneys General Send Letter to Whitaker Citing His Public Comments Criticizing Special Counsel’s Investigation; Urge that Rosenstein Continue to Supervise Investigation

NEW YORK – Attorney General Barbara D. Underwood – part of a coalition of 18 Attorneys General – called for the recusal of Acting Attorney General Matthew Whitaker, referencing his widely-circulated public comments criticizing Special Counsel Robert Mueller’s investigation of Russian interference in the 2016 presidential election.

“It’s vital that the Special Counsel’s investigation move forward free from any appearance of interference or bias. As such, Acting Attorney General Whitaker has a clear responsibility to recuse himself from any role in the investigation – in order to ensure that the public can trust the integrity of the investigation and to protect DOJ’s fundamental independence,” said Attorney General Underwood.

The letter, sent directly to Whitaker at the U.S. Department of Justice, states that his recusal is “necessary to maintain public trust in the integrity of the investigation and to protect the essential and longstanding independence of the Department you have been chosen to lead, on an acting basis.”

The Attorneys General cite federal ethics regulations that require federal government employees to recuse themselves from participation in matters involving any “question in the mind of a reasonable person about his impartiality.”

The letter states that in print, on television, and through social media, Whitaker has suggested cutting the Special Counsel Mueller’s budget or limiting his authority to follow lines of inquiry. The Attorneys General also write that Deputy Attorney General Rod Rosenstein should continue to supervise the Special Counsel’s investigation, which must proceed free from interference or supervision that would “appear to many Americans to be biased.”


The letter was signed by the Attorneys General of Massachusetts, New York, California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia."

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LoP Guest
lop guest
User ID: 472543
11-09-2018 03:43 AM

 



Post: #67
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
LoP Guest  Wrote: (11-08-2018 09:49 PM)
LoP Guest  Wrote: (11-08-2018 09:17 PM)
Mueller is Toast yeah3
Good! Now the House can hire him to finish what he started. MuellerAint GoingAnywhere

This reminds me of the old mob movie where they bring in the clean-up man.

This man knows all the in's and out's of the situation and makes sure everything is sanitized.

If this is true, he probably already has sopenas ready for the big fish.

Don't be surprised to see people arrested and hauled off by U.S. Marshals.
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Яudis
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User ID: 471355
11-09-2018 03:45 AM

Posts: 7,498



Post: #68
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
This Just in, The Hallmark Channel
Has More and Better Ratings than CNN!
Lmao
CNN is now in the Back Channels of FAKE NEWS!
Lmao

[Image: UFO-Divider.gif]
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LoP Guest
lop guest
User ID: 442084
11-09-2018 03:47 AM

 



Post: #69
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
Яudis  Wrote: (11-09-2018 03:45 AM)
This Just in, The Hallmark Channel
Has More and Better Ratings than CNN!
Lmao
CNN is now in the Back Channels of FAKE NEWS!
Lmao

Hugs Nsojsjkf

YOU WILL NOT RUN OFF AGAIN!
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Isabella
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User ID: 421592
11-09-2018 04:07 AM

Posts: 8,258



Post: #70
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
zacksavage  Wrote: (11-09-2018 03:18 AM)
Isabella  Wrote: (11-09-2018 03:12 AM)
Matt Zapotosky
April 25, 2017

" Senate voted Tuesday 94-to-6 to confirm Rod Rosenstein as the deputy attorney general, the second-highest ranking official in the Justice Department and the person who will oversee the investigation into suspected Russian meddling in the U.S. presidential election because the attorney general is now recused."

He out-lies all other politicians just like a skilled WWE performer does every day. An actor playing a roll?

I read that even if they fire Mueller or whatever,... now that Dems control the house. They can then re-hire Mueller to continue under their protection.

So,...lose/lose for Trump.

Z



"EMERGENCY PLANNING"

Trump Is Gonna End the Mueller Probe. Here’s What Democrats Should Do.

"The new Congress has to take practical steps to navigate through the coming constitutional crisis."
Max Bergmann
11.08.18 12:54 PM ET

snip:

If Whitaker refuses to meet the Bork standard and give Mueller full independence, the new Democratic Congress will need to act right away in January. The House Judiciary Committee will need to investigate immediately to determine whether the investigation is being killed (or has been) from within. That should involve bringing Whitaker, Sessions, Deputy Attorney General Rod Rosenstein, and possibly Mueller and other officials in the Justice Department before Congress to determine whether the investigation is being obstructed.

Should it become clear that Mueller is not able to investigate—whether because he is fired, his investigation is being strangled, or he resigns in protest—Democrats in Congress will have to pick up where Mueller left off. They will need to hold immediate hearings into whether the president is abusing the power of his office to obstruct justice and whether his campaign did indeed conspire with Russia. They will need to immediately subpoena documents and records related to the investigation, such as any report prepared by the special counsel, witness lists, any information that was transmitted to the special counsel’s office from another government agency, and any materials related to the decision by the acting attorney general to overrule the special counsel on the filing of charges related to any individual or group. They will need to hold public hearings, including calling Mueller, as well as key figures in the investigation like Donald Trump Jr. to publicly testify. They will need to demonstrate to the American public that this is a clear abuse of power, and then they must take steps to hold Trump accountable.

There will be a debate if this is politically the best course, as this might be seen as distracting from preferred messages. But this goes beyond politics. If Trump is able to get away with killing an investigation into him, in effect showing that the rules don’t apply, that he is above the law, he will feel emboldened to get away with so much more.

This is how democracies often die. An elected leader uses his position to eliminate the checks on his power, and when he is not stopped he eliminates additional checks. This can happen here, just as it is happening elsewhere. Fortunately, a buffer now exists in the form of a Democratic Congress. But they have to be ready to act. "

article
https://www.thedailybeast.com/trump-is-g...yptr=yahoo

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Isabella
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11-09-2018 04:17 AM

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Post: #71
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
So far Whitaker has said that he would only vote for Christian judges,Mueller had no authority to look into Trump's finances, Don Jr.. did nothing wrong by meeting in Trump Tower with the Russians and a company that Whitaker was on the board of and sent a threatening e-mail to someone was not to long ago closed by the Feds for being a scam and there was no collusion with the Trump campaign and Russia.

I still can't figure out why Trump chose him to replace Sessions.

RoflRofl

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Яudis
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11-09-2018 04:18 AM

Posts: 7,498



Post: #72
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
Time to Register as a DEMOCRAT!
Then Vote Republican!
chuckle Rofl

[Image: UFO-Divider.gif]
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Apostle of Reality
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11-09-2018 04:36 AM

Posts: 2,532



Post: #73
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
LoP Guest  Wrote: (11-09-2018 01:15 AM)
Sessions refused to release info on HILLARY, Obama, Bill,
and others that willfully broke the law and may have actually
committed treason!

Because Jeff Sessions loves this country and thought there
was some other way to put a stop to all this insanity and bickering.

TRUMP is risking it, so he got rid of Jeff and is going with someone
that will release all the Steele and FISA evidence.

It really is as simple as that!
Trump will end the RUSSIA PROBE By Exposing all the CRIME
and Starting an ACTUAL TRIAL For "HIGH TREASON!"

Please remember HIGH TREASON only has one PUNISHMENT!
And its Not PRISON!

Rodhams law.

All Rights Reserved.

Fair Use Notice: 17 U.S.C. § 107.

"Experts in authoritarianism advise to keep a list of things subtly changing around you, so you'll remember."
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NormalIsSubjective

User ID: 461465
11-09-2018 04:38 AM

Posts: 4,370



Post: #74
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
Isabella  Wrote: (11-09-2018 04:17 AM)
So far Whitaker has said that he would only vote for Christian judges,Mueller had no authority to look into Trump's finances, Don Jr.. did nothing wrong by meeting in Trump Tower with the Russians and a company that Whitaker was on the board of and sent a threatening e-mail to someone was not to long ago closed by the Feds for being a scam and there was no collusion with the Trump campaign and Russia.

I still can't figure out why Trump chose him to replace Sessions.

RoflRofl


It was all that 'impartiality', clearly.


chuckle
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Apostle of Reality
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11-09-2018 04:39 AM

Posts: 2,532



Post: #75
RE: Acting AG Matthew Whitaker Will Not Recuse Himself From Russia Probe and Won’t Ap
Яudis  Wrote: (11-09-2018 03:45 AM)
This Just in, The Hallmark Channel
Has More and Better Ratings than CNN!
Lmao
CNN is now in the Back Channels of FAKE NEWS!
Lmao

Dude. My mind. Blown. You said it so it shall be.

*Sighs wistfully*

All Rights Reserved.

Fair Use Notice: 17 U.S.C. § 107.

"Experts in authoritarianism advise to keep a list of things subtly changing around you, so you'll remember."
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