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Trump's pick to be acting Attorney General does not qualify under the law

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posted on Nov, 8 2018 @ 11:35 AM
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If he isn't qualified to take the post I am sure the House will step in and challenge it.

Arguing over it here will not change anything so I will just wait and see.




posted on Nov, 8 2018 @ 11:36 AM
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originally posted by: luthier
How long are senate confirmations good for?


As long as you hold the position.



posted on Nov, 8 2018 @ 11:37 AM
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a reply to: luthier

Still can't cite a law I see

Boo-ie Boo-ie 😃



posted on Nov, 8 2018 @ 11:39 AM
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originally posted by: AugustusMasonicus

originally posted by: Butterfinger
Remember kids, the Left has no hate in their hearts. Its the Fascist Right that do, and they should be punished for such.


Not a Leftist, try again.


It's okay. I'm apparently a hardcore Trump supporter, now you're a leftist.

Will wonders never cease?



posted on Nov, 8 2018 @ 11:42 AM
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originally posted by: Shamrock6
It's okay. I'm apparently a hardcore Trump supporter, now you're a leftist.

Will wonders never cease?


Well, to be fair, I am a Luciferian/Satanist/Mason, so that pejorative is true when it gets tossed at me by some ignoramus.



posted on Nov, 8 2018 @ 11:44 AM
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originally posted by: AugustusMasonicus

originally posted by: luthier
How long are senate confirmations good for?


As long as you hold the position.



Bingo.



posted on Nov, 8 2018 @ 11:44 AM
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a reply to: AugustusMasonicus
If I had to pick a libertarian:




posted on Nov, 8 2018 @ 11:45 AM
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a reply to: BlackJackal

Whitaker can serve without Senate confirmation for 210 days under the Federal Vacancies Reform Act. But who cares about laws, right?



posted on Nov, 8 2018 @ 11:45 AM
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a reply to: xuenchen

I guess you can't read...its pretty easy to find how AG are selected and replaced.

U.S.C. title 28.



posted on Nov, 8 2018 @ 11:51 AM
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a reply to: BlackJackal

He can serve in the position from the vacancy, that is perfectly legal.

Perhaps this was done on purpose, others call if 3D chess.






posted on Nov, 8 2018 @ 11:53 AM
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a reply to: Propagandalf

Great potentialities in that. Whitaker can throw down and bring some respectability back to the justice department until a replacement is picked and then can run for the senate again down the line with slam dunk credentials. I'm liking it.



edit on 8-11-2018 by The GUT because: (no reason given)



posted on Nov, 8 2018 @ 11:54 AM
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originally posted by: luthier
a reply to: xuenchen

I guess you can't read...its pretty easy to find how AG are selected and replaced.

U.S.C. title 28.



Still afraid to quote and link 😎

Scared of something?

Be afraid. Be very afraid.




posted on Nov, 8 2018 @ 11:55 AM
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He just has to skirt it until someone take s up a formal legal challenge in district court. Then they make the argument that the law is unconstitutional and prepare for trial, and by that time, they'll have picked their actual appointee. Then they can say, "in light of the pressure from the Senate, we're going to withdraw Whitaker". Everyone will laugh that he "backed down", but he still got what he wanted for the temp position.

Also, the Senate is in recess in a couple of days, so he could just officially table it until Friday afternoon and make a temporary recess appointment.

This is a tempest in a teapot.



posted on Nov, 8 2018 @ 11:59 AM
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I hate to break the OP's heart, but please read this:

www.lawfareblog.com...

It's talking about whether the acting AG can sign FISA warrants (yes he can), but it quotes the legalese of the vacancies act. The president can appoint an officer or employee of the vacant position to act in a temporary capacity. Which he has done, as Whitaker was Sessions' chief of staff. A temporary appointment does not need to be Senate-confirmed. This would only be required if Trump intended Whitaker to be the AG in a permanent capacity.



posted on Nov, 8 2018 @ 12:00 PM
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I would put Both Sheriff Joe and Clark in there. No more BS. I want some hard core pro american Law Enforcement for AG.



posted on Nov, 8 2018 @ 12:03 PM
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originally posted by: xuenchen

originally posted by: luthier
a reply to: xuenchen

I guess you can't read...its pretty easy to find how AG are selected and replaced.

U.S.C. title 28.



Still afraid to quote and link 😎

Scared of something?

Be afraid. Be very afraid.



Not really you just haven't provided an argument against anything so you can explain when this was worked out during Watergate and why.

Since you require Google to do your research or gateway pundit I will give you some time.

He was not confirmed for any leadership position and a confirmation from 14 years ago, for a position unrelated, which he gave up (and would need to be reconfirmed for) is not valid.

The recess appointment is tricky because sessions didnt actually resign. He told to resign.

This stuff was worked out because of Watergate.

Probably why witaker hasn't taken the oath.



posted on Nov, 8 2018 @ 12:05 PM
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a reply to: AndyFromMichigan

The problem is the AG position was protected from repeating Watergate.

Sessions was asked to resign. So this is most likely problematic.



posted on Nov, 8 2018 @ 12:06 PM
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a reply to: BlackJackal

You've taken over for Silly as the absolute biggest cry baby on ATS. Congrats.



posted on Nov, 8 2018 @ 12:08 PM
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a reply to: luthier

It's not tricky. He resigned at the request of the President. He resigned.



posted on Nov, 8 2018 @ 12:12 PM
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a reply to: RadioRobert

Not really no..it is tricky since this issue was modified several times...

Since this really has never been done there iant much to go on..
www.justsecurity.org... ations/

Also


, there’s a possible constitutional problem in using the VRA to replace a principal officer (such as the Attorney General) with someone who hasn’t been confirmed by the Senate for that office or even for a related office within DOJ.  In a recent concurring opinion, Justice Clarence Thomas argued that such a temporary appointment would violate the Appointments Clause of Article II of the Constitution, Art. II., § 2, cl. 2, which provides that such principal officers must be appointed by the President by and with the advice and consent of the Senate.


edit on 8-11-2018 by luthier because: (no reason given)



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