Top Supreme Court lawyer: Whitaker appointment 'constitutional crisis'

originally posted by: TheOne7
a reply to: JinMI

That makes complete sense....the office that is full of lawyers and such was completely outsmarted by Trump! Heh, even I don't give him that much credit.

Hyperbole much?

They opined on what they were told to. They did so under the false assumption that sessions was not forced out.

Is following the logic that you clearly laid out hyperbole? I suppose that's an argument for another time. It's your stance, not mine.

a reply to: TheOne7

This is hilarious. You're posting the argument from the lawyers who are trying to stop it and acting like that makes it gospel truth. Why are you guys so easily duped? Is it because you want to believe?

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originally posted by: TheOne7
a reply to: diggindirt

omg you too?

I have already provided links showing where trump wanted to fire sessions but was advised by council not too until after the midterms.

Have you all been living in a trump echo chamber all this time?

No, I've not been living in a Trump echo chamber. I learned a very long time ago that the phrase, "serves at the pleasure of..." in government circles means what it says. I also learned a very long time ago that there's a SCOTUS case saying that the president has the right to fire members of his cabinet. Trump would be the last I would think would have trouble uttering the words "You're fired!" He is suddenly shy about saying those words? And now he's actually listening to the muttering minions?

I will be the first to say that Trump is a very, very bad man for making the Attorney General cry. That isn't nice.

originally posted by: TheOne7

originally posted by: JinMI
a reply to: TheOne7

Sessions resigned.

www.nbcnews.com...

There is a difference in forced resignation and resigning. The main difference is how does the person feel about how they left.

Is this the "Muh Feelings" defense?

Now we have a CONVICTED DRUG TRAFFICKER attempting to get Matthew Whitaker removed as the Acting Attorney General.

A convicted drug trafficker from the Dominican Republic has joined the ranks of those challenging President Donald Trump’s appointment of Matthew Whitaker as acting attorney general.

Due to a technical issue raised by a federal appeals court, Tomas Castillo was re-sentenced Nov. 8 to a term of more than 10 years in prison for smuggling more than five kilograms of coc aine by boat into St. Thomas in the U.S. Virgin Islands in 2016.

That re-sentencing took place the morning after Trump forced the resignation of Attorney General Jeff Sessions and installed Whitaker, who had been Sessions’ chief of staff, to serve as attorney general on an acting basis.

Less than a week later, Castillo’s court-appointed lawyer — Joseph DiRuzzo of Fort Lauderdale — asked to set aside Castillo’s new sentence on the grounds that Trump’s appointment of Whitaker was unconstitutional.

More at: www.politico.com...

More evidence that Matthew Whitaker is the RIGHT PERSON for job of U.S. Attorney General.

He's funny looking (according to his photos) but other than that, I have no opinion on him. I don't like his chin.

a reply to: JinMI

But he didnt just fire him did he? Why?

originally posted by: carewemust
Now we have a CONVICTED DRUG TRAFFICKER attempting to get Matthew Whitaker removed as the Acting Attorney General.

A convicted drug trafficker from the Dominican Republic has joined the ranks of those challenging President Donald Trump’s appointment of Matthew Whitaker as acting attorney general.

Due to a technical issue raised by a federal appeals court, Tomas Castillo was re-sentenced Nov. 8 to a term of more than 10 years in prison for smuggling more than five kilograms of coc aine by boat into St. Thomas in the U.S. Virgin Islands in 2016.

That re-sentencing took place the morning after Trump forced the resignation of Attorney General Jeff Sessions and installed Whitaker, who had been Sessions’ chief of staff, to serve as attorney general on an acting basis.

Less than a week later, Castillo’s court-appointed lawyer — Joseph DiRuzzo of Fort Lauderdale — asked to set aside Castillo’s new sentence on the grounds that Trump’s appointment of Whitaker was unconstitutional.

More at: www.politico.com...

More evidence that Matthew Whitaker is the RIGHT PERSON for job of U.S. Attorney General.

That is a very great addition to the thread. It is just a peak at the hundreds if not thousands of court cases that will use this defense.

Of coarse your spin on the article is off base but it shows that without a constitutional appointment then any action taken by or under the department of justice is essentially null and void.

Even though many do not want it to it goes beyond politics or the right and left and is actually a core issue that effects our society greatly.

I like to think of it as the trump and el chapo 210 day tunnel under the justice department.

Remember there is no double jeopardy so if the trial is in an actual court room but the justice department fails to have their ducks in a row then they get no do overs.

There is much going on that the MSM can't wrap their closed-minds around. For instance, it's now known that the COHEN plea deal was to HELP President Trump. Not "close the walls in on him", as the hate-consumed MSM/Dims are praying for.

Source: www.realclearinvestigations.com...

a reply to: carewemust

Personally a few months back i seen the msm begin to start to cover for trump. They are not near as harsh on him as they were and have been all along.

Take for instance my statement a few pages back where i highlighted that trump said he wanted to appoint someone to protect him. Last year or the year before we would have heard that statement over and over yet they buried it for the man. Something shifted and it is fine with me cause we do not need the divisiveness and we are paying mueller millions to keep record of illegalities and such.

originally posted by: Aallanon

originally posted by: TheOne7

originally posted by: JinMI
a reply to: TheOne7

Sessions resigned.

www.nbcnews.com...

There is a difference in forced resignation and resigning. The main difference is how does the person feel about how they left.

Lets do an experiment OK?

I will make a request of you.
Please stop posting here (ATS)


If you do or don't is up to you. (I hope you do.)

Get it?

You poor interpretation of the language and concepts of "truth" are disturbing

Lol, false dichotomy. You have no power over anyone. trump is the president AND Sessions boss, he had the power.

You guys are listening to dumb dumbs again.

originally posted by: TheOne7

originally posted by: Aallanon
a reply to: TheOne7

Dodododododododo

What on earth are you jabbering about?

I do give you credit for actually understanding the true issue.

What i and sessions is saying is that he was fired! Do you know what a pink slip is? Do you know what trump is know for? It is one and the same.

From day one trump pressured sessions and tried to fire him but was advised not to and even stated on multiple occasions that sessions would be replaced after midterms.

Trump does not have a leg to stand on if he tries to claim sessions willfully resigned.

My goodness the man was in tears when he left.

Get a grip on reality.

He was asked to resign. he did. he had a choice to not resign and be fired. That would have made your argument have some legs. As it stands, it does not. Had Sessions refused to resign and be fired, it would be what you want it to be.

a reply to: network dude

Nope! There were extenuating circumstances and great hostility in the work place that took away freedom of choice for sessions.

You would be correct if trump had not attempted to fire him several times and belittled him over a two year period.

Would you say the same thing if trump had held a gun to him while demanding his resignation?

Sessions has since summed it up in saying i got a pink slip.

On top of all that trump is greatly known for firing people.

Perhaps you may want to type in the words you're fired into your favorite search engine and see what results you get.
On top of all that employment is clear in these cases and it is known that resignations are frequently forced.

I have a very grave concern there's nothing about the President on cnn right now. Somethings happened, if you can't say anything bad don't say anything???

a reply to: whargoul

Sorry, he had the power to fire him, that's not what happened. Sessions had the power to say he was not resigning.

a reply to: OccamsRazor04


No he didn't. The AG serves at the pleasure of the President.

originally posted by: Sookiechacha
a reply to: OccamsRazor04


No he didn't. The AG serves at the pleasure of the President.

Yes. Trump can fire him. That is not what happened. Trump said it would be better if he left, Sessions agreed and resigned, not fired.

a reply to: OccamsRazor04


Sessions served at the pleasure of the president. Sessions did not have the power to say no to the president when he asked for/demanded his resignation.

But, in my opinion, it doesn't matter. The Vacancies Act clearly states that in the event of a resignation, the newly appointed acting officer still must be subject to the advice and consent of the Senate.

"§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;
"(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/ex] www.gsa.gov...

edit on 3-12-2018 by Sookiechacha because: (no reason given)

a reply to: Sookiechacha

Sorry, he can say no. He can, you look foolish saying he can not utter those words.

The DOJ says Trump is right, and a Judge has ruled Trump is right.

San Antonio judge rules appointing Matthew Whitaker constitutional

news4sanantonio.com...