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What's The Trump's Next Move When Whitaker Has To Recuse...Or Worse Rosenstein Is Upheld As The Next In Succession?
Nov 13, 2018 14:42:53   #
woodguru
 
Whitaker was an ill conceived move in too many ways to count. Already it looks like there will be a challenge to standing as a legal replacement for Sessions as a litigant in a federal case.

Nice Move Trump, note to self, do not play chess with Putin...not that that would ever happen.

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Nov 13, 2018 14:46:38   #
nwtk2007 Loc: Texas
 
woodguru wrote:
Whitaker was an ill conceived move in too many ways to count. Already it looks like there will be a challenge to standing as a legal replacement for Sessions as a litigant in a federal case.

Nice Move Trump, note to self, do not play chess with Putin...not that that would ever happen.


Whitaker is the "acting" AG. That means fill in. There might actually be a good argument for Rozenstein to be in that position but then he is the one who actually should recuse; he signed one of the FISA warrants and is a potential witness. I do not, however, thing any statements made while a civy should be something to force Witaker to have to recuse, else, we should give a great deal more weight to Strzok et al's comments on their text and email feeds.

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Nov 13, 2018 15:11:29   #
Blade_Runner Loc: DARK SIDE OF THE MOON
 
woodguru wrote:
Whitaker was an ill conceived move in too many ways to count. Already it looks like there will be a challenge to standing as a legal replacement for Sessions as a litigant in a federal case.

Nice Move Trump, note to self, do not play chess with Putin...not that that would ever happen.


The Federal Vacancies Reform Act of 1998

P.L. 105-277

SEC. 151. FEDERAL VACANCIES AND APPOINTMENTS.

(a) SHORT TITLE.-This section may be cited as the "Federal Vacancies Reform Act of 1998".
(b) IN GENERAL.-Chapter 33 of title 5, United States Code, is amended by striking sections 3345 through 3349 and inserting the following:

§3345. Acting officer

(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office-

(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346; (Whitaker was "the first assistant" to AG Sessions, he was his Chief of Staff.)

(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346:

§3346. Time limitation

(a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office

(1) for no longer than 210 days beginning on the date the vacancy occurs; or
(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.

(b) (1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.

(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve

(A) until the second nomination is confirmed; or

(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.

(c) If a vacancy occurs during an adjournment of the Congress sine die, the 210¬day period under subsection (a) shall begin on the date that the Senate first reconvenes.

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Nov 13, 2018 15:29:15   #
woodguru
 
nwtk2007 wrote:
Whitaker is the "acting" AG. That means fill in. There might actually be a good argument for Rozenstein to be in that position but then he is the one who actually should recuse; he signed one of the FISA warrants and is a potential witness. I do not, however, thing any statements made while a civy should be something to force Witaker to have to recuse, else, we should give a great deal more weight to Strzok et al's comments on their text and email feeds.


You are comfortable with the kind of thinker that comes to conclusions before having any of the information? That is not AG material, nor is some of his attitudes about protecting the president. He was considered to be a white house leaker from the DOJ to the white house, not the right fit to run the DOJ. The AG has to put the DOJ ahead of the personal interests of the president, and this guy cannot do that.

Reply
Nov 13, 2018 15:31:57   #
woodguru
 
Blade_Runner wrote:
The Federal Vacancies Reform Act of 1998

P.L. 105-277

SEC. 151. FEDERAL VACANCIES AND APPOINTMENTS.

(a) SHORT TITLE.-This section may be cited as the "Federal Vacancies Reform Act of 1998".
(b) IN GENERAL.-Chapter 33 of title 5, United States Code, is amended by striking sections 3345 through 3349 and inserting the following:

§3345. Acting officer

(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office-

(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346; (Whitaker was "the first assistant" to AG Sessions, he was his Chief of Staff.)

(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346:

§3346. Time limitation

(a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office

(1) for no longer than 210 days beginning on the date the vacancy occurs; or
(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.

(b) (1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.

(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve

(A) until the second nomination is confirmed; or

(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.

(c) If a vacancy occurs during an adjournment of the Congress sine die, the 210¬day period under subsection (a) shall begin on the date that the Senate first reconvenes.
url=https://www.gsa.gov/governmentwide-initiative... (show quote)


All fine if it weren't for conflicts of interest. The DOJ ethics department will be weighing in, as will congress...hell, Whitaker says he will adhere to recommendations if there are ethical problems....

hello, there are

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Nov 13, 2018 16:24:16   #
Blade_Runner Loc: DARK SIDE OF THE MOON
 
woodguru wrote:
You are comfortable with the kind of thinker that comes to conclusions before having any of the information? That is not AG material, nor is some of his attitudes about protecting the president. He was considered to be a white house leaker from the DOJ to the white house, not the right fit to run the DOJ. The AG has to put the DOJ ahead of the personal interests of the president, and this guy cannot do that.

The AG's chief of staff "leaking" from the DOJ to the WH. Hillarious. The WH runs the DOJ.. Communications between the WH and the DOJ is direct and immediate. I truly doubt since Whitaker has been AG Session's chief of staff that he has no information. Obviously he is far more informed than a l*****t cyberwuss like you. You're so far out in left field it's questionable whether or not you can see the sun.

I don't know how many times we've tried to pound it into that cement skull of yours that the Attorney General answers directly to the president. It is in the best interest of the president that he have trustworthy and loyal people working for him.

Reply
Nov 13, 2018 16:31:22   #
Blade_Runner Loc: DARK SIDE OF THE MOON
 
woodguru wrote:
All fine if it weren't for conflicts of interest. The DOJ ethics department will be weighing in, as will congress...hell, Whitaker says he will adhere to recommendations if there are ethical problems....

hello, there are

When Sessions recused himself, he effectively took his chief of state out of the game, so, where is the conflict of interest?

Reply
 
 
Nov 13, 2018 17:16:01   #
Comment Loc: California
 
woodguru wrote:
You are comfortable with the kind of thinker that comes to conclusions before having any of the information? That is not AG material, nor is some of his attitudes about protecting the president. He was considered to be a white house leaker from the DOJ to the white house, not the right fit to run the DOJ. The AG has to put the DOJ ahead of the personal interests of the president, and this guy cannot do that.


No guilty from the jury!

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