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Machiavellian on 15 November 2018
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NightlyPoe said:
Machiavellian said:
Something happen that was very interesting on Fox and Friends. They asked a legal expert about the resignation/firing of Jeff Sessions and did not get the answer they were looking for. The legal expert Andrew Napolitano stated that legally Whiticare cannot become the acting AG because of these 3 conditions.

You have to already be the Deputy AG
If you have a job at the DOJ that requires you to be confirmed by the Senate
If you were appointed while the Senate was in recess

Whitaker does not meet any of those conditions so he cannot be the Acting AG. This is probably why the Dems are looking to do an emergency session on Whitaker appointment. If this legal expert is correct then it appears that Trump pulled the trigger to soon.

This seems to be a case of it only being unconstitutional or even controversial because Trump did it.  There are a ton of examples of presidents making appointments like Whitaker's going back to the beginning of the republic.  Well over a hundred by some estimates I've seen.

I'm open to the suggestion that presidents can abuse this power, (Clinton did and Congress passed a law setting limits) or even that it's been unconstitutional for the past 230 years and we're only just now realizing now that it's been bad.  But it's hard to escape the notion that the sudden panic over the Constitution being trampled by temporary appointments is simply because of the man making the appointment in a manner that virtually all his predecessors also followed at one point or another.

This should be interesting.  Since there is a lawsuit on Whitaker appointment, I guess we will see if this is constitutional or not.   When you really think about it, this is what happens when you piss everyone off.  Its not like we didn't see this happen during the Obama years so nothing really special.  If people believe there is even a hint that something goes against the constitutional then we will get countless lawsuits.