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Get ready for Attorney General Rod Rosenstein

Posted on 11/13/18 at 5:31 am
Posted by antibarner
Member since Oct 2009
23717 posts
Posted on 11/13/18 at 5:31 am
LINK
quote:

President Trump’s new acting Attorney General Matthew Whitaker is facing questions of legitimacy, with the state of Maryland reportedly set to ask a federal judge for an injunction declaring his appointment illegal.
They shopped for an Obama appointee judge and you know what's going to happen. I wouldn't be shocked if the judge even tries to go so far as to say RR can't be replaced.
This post was edited on 11/13/18 at 5:34 am
Posted by omegaman66
greenwell springs
Member since Oct 2007
22780 posts
Posted on 11/13/18 at 5:35 am to
Well that is good news then. It is good to know that Whitaker is the right man for the job. No chance that they get an injunction.
Posted by Junky
Louisiana
Member since Oct 2005
8379 posts
Posted on 11/13/18 at 5:42 am to
Now Trump can't even pick his own leaders of his own branch of gov.... yeah right.
Posted by MFn GIMP
Member since Feb 2011
19348 posts
Posted on 11/13/18 at 5:46 am to
quote:

Now Trump can't even pick his own leaders of his own branch of gov.... yeah right.


It's absolutely ridiculous.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98826 posts
Posted on 11/13/18 at 5:48 am to
You know what happens if this happens, right?

RR is on the street.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123934 posts
Posted on 11/13/18 at 6:00 am to
quote:

ask a federal judge for an injunction
That would be an injunction the executive branch should ignore. A finding would be one thing, an injunction is another entirely.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57222 posts
Posted on 11/13/18 at 6:04 am to
What is a president supposed to do when a cabinet member is fired or resigns? Somebody has to temporarily fill the position until a replacement can be appointed.
Posted by BobBoucher
Member since Jan 2008
16740 posts
Posted on 11/13/18 at 6:09 am to
Maryland is being sneaky. Technically the DAG is second in line in the DOJ, but that doesn’t mean you MUST appoint that person as acting AG when AG is left vacant.

There’s no statute that says Trump do that.

Here’s where Judge shopping comes in. They found an Obama appointed judge they hope will stretch and make that interpretation.
This post was edited on 11/13/18 at 6:10 am
Posted by antibarner
Member since Oct 2009
23717 posts
Posted on 11/13/18 at 6:11 am to
Since RR would be a party to the suit, would the judge try to say RR cannot be fired?
Posted by bamarep
Member since Nov 2013
51806 posts
Posted on 11/13/18 at 6:16 am to
So the left can appoint a USSC Justice that's never even judged a fricking state fair fruit cake contest but Trump can't name his own AG.


W


T


F


EVER
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123934 posts
Posted on 11/13/18 at 6:27 am to
quote:

They found an Obama appointed judge they hope will stretch and make that interpretation.
. . . and that stretch would be fine. I don't believe it would hold up, but it would be within prerogative. However, an individual Federal Judge empowered by such a stretch to employ an injunction against the Chief Executive administering his own Cabinet is way over the top.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 11/13/18 at 6:33 am to
quote:

would be an injunction the executive branch should ignore. A finding would be one thing, an injunction is another entirely


Exactly

The Judiciary isn't a junta
Posted by Wednesday
Member since Aug 2017
15417 posts
Posted on 11/13/18 at 6:51 am to
quote:

So the left can appoint a USSC Justice that's never even judged a fricking state fair fruit cake contest but Trump can't name his own AG.


YOU ARE SO RIGHT.

Elena Kagan is a softball playing school principal. My God. I’m still furious that she’s on there. And there was NO fight.
This post was edited on 11/13/18 at 6:52 am
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/13/18 at 7:02 am to
quote:

Now Trump can't even pick his own leaders of his own branch of gov.... yeah right.
The question is whether his appointment violates the Attorney General Succession Act.

Even a POTUS must follow the law.
This post was edited on 11/13/18 at 7:03 am
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 11/13/18 at 7:04 am to
And that is bullshite
Posted by jamboybarry
Member since Feb 2011
32653 posts
Posted on 11/13/18 at 7:04 am to
I’m no lawyerin SOB but that states the DAG “may” exercise the duties of that office, not “shall”
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 11/13/18 at 7:25 am to
I don’t pretend to be familiar with the Act, and I do not care enough to GET familiar with it. Just pointing put the potential issue to posters who seemed confused about it.
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 11/13/18 at 7:35 am to
Why isn’t trump trying to appoint someone right this second? If you are going to demand a resignation, at least have a replacement,ent lined up.

They could be confirmed tomorrow. You have the votes in the Senate.

That said, there is nothing wrong with Whittaker. But why THIS hill?
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89542 posts
Posted on 11/13/18 at 8:08 am to
quote:

RR is on the street.


Trump doesn't even have to do this - just order his reassignment to a lower position and Whitaker as Acting DAG, which then makes him Acting AG.

The President RUNS the executive branch. I guess these, "No civics-taking, okay with pen-and-phone when Obama has the pen and phone" motherfrickers don't understand that.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98826 posts
Posted on 11/13/18 at 8:11 am to
quote:

Trump doesn't even have to do this - just order his reassignment to a lower position and Whitaker as Acting DAG, which then makes him Acting AG


This would make Hedley Lamarr proud.
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