Matt Whitaker’s Appointment May Be Illegal, Fox News’ Andrew Napolitano Says

Discussion in 'Political Opinions & Beliefs' started by Taxonomy26, Nov 8, 2018.

  1. Taxonomy26

    Taxonomy26 Well-Known Member

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    Beside the HUGE Conflict of Interest which Got him the job..
    This guy is ILLEGAL even on an interim basis.

    Matt Whitaker’s Appointment May Be Illegal, Fox News’ Andrew Napolitano Says
    “Under the law, the person running the Department of Justice must have been approved by the United States Senate for some previous position.”
    By David Barden
    https://www.huffingtonpost.com/entr...-attorney-general_us_5be3b528e4b0dbe871a69269

    Donald Trump’s appointment of Matthew Whitaker as Acting Attorney General may be illegal, Andrew Napolitano, senior judicial analyst for Fox News, said on Wednesday.

    “Under the law, the person running the Department of Justice must have been approved by the United States Senate for some previous position. Even on an interim post,” Napolitano told Fox News’ Dana Perino.

    Former Attorney General Jeff Sessions was dismissed on Wednesday and Napolitano said his interim replacement should have been Deputy Attorney General Rod Rosenstein.

    While Whitaker was confirmed by the Senate in 2004 when he was appointed U.S. Attorney for the Southern District of Iowa, Napolitano said that he was nevertheless ineligible to serve in his current post as the confirmation was not “for a leadership position in the Justice Department.”

    “Who has been confirmed and who’s next in line? Deputy Attorney General Rosenstein,” Napolitano added.

    Watch Napolitano explain why Trump may have violated the law in the clip below:
    ......


    Also see.
    http://insider.foxnews.com/2018/11/...-qualify-under-law-be-acting-attorney-general
    and
    https://thehill.com/homenews/admini...st-trump-acting-ag-does-not-qualify-under-the
     
    Last edited: Nov 8, 2018
  2. Sanskrit

    Sanskrit Well-Known Member

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    Not if Rosenstein is on the way out too ;)

    Awwww, don't like the shills being fired? Grasping at legal straws? Somehow I think any Senate action needed to appoint whomever Trump wants that isn't Sessions or Rosenstein will be quickly forthcoming. A little bird told me that on Tuesday night.
     
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  3. Lee Atwater

    Lee Atwater Well-Known Member Past Donor

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    What does another act of obstruction of justice have to do with.............“Under the law, the person running the Department of Justice must have been approved by the United States Senate for some previous position. Even on an interim post,” Napolitano told Fox News’ Dana Perino.

    Admittedly, the legal opinions of Faux "experts" are of dubious credibility but if Andrew is correct it makes Whitaker's appointment all the more unorthodox........and all the more obvious in terms of its self-serving nature for the Groper-in-Chief.
     
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  4. Durandal

    Durandal Well-Known Member Past Donor

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    Another item to add to the articles of impeachment.
     
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  5. Lee Atwater

    Lee Atwater Well-Known Member Past Donor

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    Here's other opinions substantiating Napolitano's.

    Kellyanne Conway’s Husband: ‘Illegal’ To Appoint Whitaker As Acting AG

    https://talkingpointsmemo.com/news/...band-illegal-to-appoint-whitaker-as-acting-ag

    Two well-known lawyers, including White House counselor Kellyanne Conway’s husband, argued Thursday that the appointment of Matthew Whitaker, former chief of staff to ousted Attorney General Jeff Sessions, as acting attorney general was unconstitutional.

    In a New York Times op-ed, George Conway and former Acting Solicitor General Neal Katyal argued that because Whitaker has never been confirmed by the Senate, his appointment is “illegal” and “anything Mr. Whitaker does, or tries to do, in that position is invalid.”

    “Constitutionally, Matthew Whitaker is a nobody,” the op-ed states. “Mr. Whitaker’s installation makes a mockery of our Constitution and our founders’ ideals.”
     
  6. Sanskrit

    Sanskrit Well-Known Member

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    Blabla junk blabla

    Here's a more accurate Left leaning analysis that is inconclusive. Or cite more huffnpuff or talking points memo ROFL. No wonder you people believe the benighted things you do.

    https://www.justsecurity.org/61386/...takers-power-influence-russia-investigations/

    Rosenstein's days are numbered. You folks should have been happy that POTUS appointed someone from within the DOJ, who could as like be as corrupt as the rest of them. But who knows, maybe Judge Jeanine or Trey Gowdy will be available. You'd like that, wouldn't you? ROFL. You all never learn to leave well enough alone. To repeat, I don't think Trump will have any problems installing WHOMEVER he wants as AG.
     
    Last edited: Nov 8, 2018
  7. Durandal

    Durandal Well-Known Member Past Donor

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    Trump lost one of his rubber stamps day before yesterday, so I don't know about that.
     
  8. Taxonomy26

    Taxonomy26 Well-Known Member

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    Yes, but in the meantime he might get a good look at all Mueller has,
    and report to the Criminal/Traitor-in-chief.
    he may even try to sabotage the investigation in other ways.
    No doubt Whittaker and Trumpov planned this Coup for a month.
    `
     
  9. Sanskrit

    Sanskrit Well-Known Member

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    Trump should have fired Sessions the very -instant- he recused himself, and should have fired Rosenstein a year ago. So maybe Whitaker will get ruled out, then guess what's next? AG Dershowitz? Again, you people need to learn to accept a known unfavorable outcome over an unknown.
     
  10. Taxonomy26

    Taxonomy26 Well-Known Member

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    And "You people" need to start abiding by the law.

    We haven't even started the Gross Emoluments case yet because of the aiding and abetting GOP congress.

    Trumpov is so loaded with illegality on so many fronts...
    `
     
    Last edited: Nov 8, 2018
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  11. Nemesis

    Nemesis Well-Known Member

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    Why?

    Sessions is both a witness to the underlying facts of at least a portion of the investigation as well as a potential subject. There's no way that he could have presided over the investigation.
     
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  12. kriman

    kriman Well-Known Member

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    You have already disqualified yourself when you claim Fox News as a source. Pretty much in your own words.
     
  13. Sanskrit

    Sanskrit Well-Known Member

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    I'll surely accept the "astute" legal analysis of someone who calls the President "Trumpov" over alternatives.

    And emoluments? Good luck with that.
     
  14. Nemesis

    Nemesis Well-Known Member

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    From those crazy libruls at the Wall Street Journal:

    https://www.wsj.com/articles/why-jeff-sessions-recused-1501111108

    After Watergate in 1978, Congress passed a law requiring “the disqualification of any officer or employee of the Department of Justice, including a United States attorney or a member of such attorney’s staff, from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof.”

    The Justice Department implemented this language with rule 28 CFR Sec. 45.2. This bars employees from probes if they have a personal or political relationship with “any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution” or which they know “has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.”

    This language didn’t apply to Mr. Sessions during his confirmation process because he didn’t know the contours of the FBI and Justice investigation. But the AG soon learned after he arrived at Main Justice in February that the investigation included individuals associated with the Trump presidential campaign.


    Mr. Sessions had worked on the campaign, and he clearly had personal and political relationships with probable subjects of the investigation. These included former National Security Adviser Michael Flynn, former campaign manager Paul Manafort, and potentially others.
     
    Last edited: Nov 8, 2018
  15. Nemesis

    Nemesis Well-Known Member

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    I call him Bonespurs. That doesn't magically disqualify the argument. Address the arguments, if you can.
     
  16. Sanskrit

    Sanskrit Well-Known Member

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    What argument, OP argument based on HUFFPUFF? I posted a reasonably informed analysis from a left-leaning source, far superior to the partisan junk cited in the thread before it, agree with that or don't.
     
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  17. drluggit

    drluggit Well-Known Member

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    Interesting admonishment. Ill start an inquiry here. Are you willing to apply that standard to everyone?
     
  18. Blaster3

    Blaster3 Well-Known Member

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    pile them on... the senate decides his fate and he just gained more of 'em... hehehe
     
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  19. Chuck711

    Chuck711 Well-Known Member

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    NY State is investigating Trump foundation and a new Lawsuit .............. scamming the poor


    A new lawsuit accuses President Trump, his company and three of his children of using the Trump name to entice vulnerable people to invest in sham business opportunities.

    Filed in federal court in Manhattan on Monday, the lawsuit comes just days before the midterm elections, raising questions about whether its timing is politically motivated. It is being underwritten by a nonprofit whose chairman has been a donor to Democratic candidates.

    The allegations take aim at the heart of Mr. Trump’s personal narrative that he is a successful deal-maker who built a durable business, charging he and his family lent their name to a series of scams.

    The 160-page complaint alleges that Mr. Trump and his family received secret payments from three business entities in exchange for promoting them as legitimate opportunities, when in reality they were get-rich-quick schemes that harmed investors, many of whom were unsophisticated and struggling financially.
     
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  20. drluggit

    drluggit Well-Known Member

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    Interesting thing about this... so would have Rod Rosenstein...... right? And yet, he still hasn't recused himself.. Funny that.
     

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