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Quixote1818

(28,927 posts)
Thu Apr 12, 2018, 01:43 AM Apr 2018

If Trump fires Rosenstien what is the procedure until someone else is confirmed in that position?


Can Trump put in a temporary replacement without them getting confirmed? If not then I don't see how it would impact the investigation that much. Trump needs some scoundrel in there to gum things up but that person needs to get confirmed first.
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If Trump fires Rosenstien what is the procedure until someone else is confirmed in that position? (Original Post) Quixote1818 Apr 2018 OP
He appoints an acting Deputy AG RandySF Apr 2018 #1
Depends on how long the resulting Supreme Court case takes. n/t PoliticAverse Apr 2018 #2
He can install anyone who has previously been approved by Congress. Kablooie Apr 2018 #3
Pruitt another candidate that'll do as he's told. duforsure Apr 2018 #5
Almost anyone Trump installs to be asst. A.G. will have to recuse from the Russia investigation LastLiberal in PalmSprings Apr 2018 #4

Kablooie

(18,625 posts)
3. He can install anyone who has previously been approved by Congress.
Thu Apr 12, 2018, 03:31 AM
Apr 2018

Betsy De Vos or Ben Carson would be eligible to supervise Mueller and the investigation.

4. Almost anyone Trump installs to be asst. A.G. will have to recuse from the Russia investigation
Thu Apr 12, 2018, 05:19 AM
Apr 2018

Here's the DOJ regulation concerning recusal (the one that caused Sessions to recuse):

The full text of Section 45.2 reads:

(a) Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with:

(1) Any person or organization substantially involved in the conduct that is the subject* of the investigation or prosecution; or

(2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.

(b) An employee assigned to or otherwise participating in a criminal investigation or prosecution who believes that his participation may be prohibited by paragraph (a) of this section shall report the matter and all attendant facts and circumstances to his supervisor at the level of section chief or the equivalent or higher. If the supervisor determines that a personal or political relationship exists between the employee and a person or organization described in paragraph (a) of this section, he shall relieve the employee from participation unless he determines further, in writing, after full consideration of all the facts and circumstances, that:

(1) The relationship will not have the effect of rendering the employee's service less than fully impartial and professional; and

(2) The employee's participation would not create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.

(c) For the purposes of this section:

(1) Political relationship means a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof; and

(2) Personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality. An employee is presumed to have a personal relationship with his father, mother, brother, sister, child and spouse. Whether relationships (including friendships) of an employee to other persons or organizations are ''personal'' must be judged on an individual basis with due regard given to the subjective opinion of the employee.

(d) This section pertains to agency management and is not intended to create rights enforceable by private individuals or organizations.

------------------------

* Doesn't feel so great being told you're the "subject" of the investigation anymore, does it, Donnie Two Scoops?

Given Trump's predilection for appointing people he knows -- he wanted to appoint his personal pilot as head of the FAA, for chrissake! -- he's going to have a hard time going outside his comfort zone to find someone who won't have to be recused. Clearly it can't be someone he's already appointed to another position in his administration. And this is especially true because he'll be looking for a "fixer" to protect him from the DOJ, FBI and Mueller's investigation.

David Hogg just turned 18 -- I wonder if he'd be interested in the job?

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