ACCORDING TO RELIABLE SOURCES, SUPERVISING TRUMP INVESTIGATION IS "UNCONSTITUTIONAL"

[Jeffersons Ghost]

The rules are clear: Whitaker can’t supervise Mueller’s investigation
By Neal Katyal
Neal Katyal ?is the former acting solicitor general of the United States and presently serves as a partner at Hogan Lovells and the Saunders professor of national security law at Georgetown University.
November 12 at 6:00 AM

I wrote the special counsel regulations. We never would have imagined a situation like this.

The installation of Matthew G. Whitaker as acting attorney general isn’t just unconstitutional — although it is unconstitutional. Even if Whitaker’s appointment ever survived a court challenge on constitutional grounds for most of his day-to-day duties at the Justice Department, the fact that he’ll now be performing the sensitive work of supervising Robert S. Mueller III’s investigation raises other deep problems. Putting Whitaker in charge of the inquiry is sharply at odds with the special counsel regulations governing Mueller’s work and with the Justice Department’s rules about who may oversee an investigation. https://www.washingtonpost.com/outlook/2018/11/12/rules-are-clear-whitaker-cant-supervise-muellers-investigation/

[lark]

1. So fucking file suit!

So tired of people complaining but not taking aggressive action to stop this traitorous administrations illegal actions.

Speaking of lawsuits, Nelson also needs to be more aggressive. Glad he filed suit about Scotts' illegitimate actions, but he needs to file suit to make sure all ballots are counted, even the 40 boxes of ballots some rw partisan hid at the post office distribution center but didn't deliver to be counted. Mail in ballots rejected for non signature matches should also be reviewed and hand counted. That's such a stupid law in the first place, put in place just for vote suppression by rw FL legislature at the request of Jeb.

[The Velveteen Ocelot]

3. There can't be a lawsuit unless someone has standing to file it.

In other words, someone with a particular, legally remediable injury, not just anyone who disagrees with what was done. Rod Rosenstein might have standing because the AG job should have been his. I'm sure people are looking into litigation to get rid of Whitaker, but it takes time to research and put these things together.

[lark]

5. Lawyers on tv have said congress has standing since they didn't get to perform their

constitutional duties. I also read that in the article by Conway & Katyal, I'm pretty sure.

[The Velveteen Ocelot]

6. The Senate is supposed to confirm principal officers like the AG,

but the Senate collectively is controlled by the GOP so they won't do it as a body. Maybe an individual Senator?

[lark]

8. Exactly!

Feingold and Schumer could file this, for example. They too were cheated of their right to question this ringer.

[lagomorph777]

11. +1 Every Senator has the right to review this appointment.

Also, in my opinion, the American people have standing because these thugs (Trump and Whitaker) affect all of our lives.

[HuskyOffset]

17. Feingold?

One of us is confused, and it might be me.

[lastlib]

25. (methinks you mean Feinstein...?)

[lark]

26. Duh!

I hate it when my fingers get a mind of their own.

[aggiesal]

29. Feinstein, Feingold, what's a few letters? n/t

[Jeffersons Ghost]

30. What is a "Freeper?"

[aggiesal]

31. Is that your final Jeopardy answer? ...

Otherwise, to literally answer your question;

There is a RWNJ website called freerepublic.com
People that post on that site regularly are known as "FREEPER's"
(Word of warning: Please don't visit that site, unless you want your head to explode).

Hope that helps.

I'm sure you already know this, but I'm doing a public service and informing
those who don't know.

[Jeffersons Ghost]

33. exactly; and some of them dislike and hide my O.Ps. Did you read this Opening Post?

https://www.democraticunderground.com/100211418050
Read it and compare

[Jeffersons Ghost]

38. before I went out, this Opening Post had over 5,500 readers, now, at 7:04 MTZ, it has 5,417 readers

It has been locked at 81 Recommendations on the Greatest Page for hours. Odd isn't it?

[Jeffersons Ghost]

13. As I keep asking without an answer: Shouldn't this be criminal, not civil, legal proceedings?

Circumventing the US Constitution, especially laws involving criminal prosecution, represents obstruction of justice.

[Pepsidog]

21. Circumventing the constitution is not, in and of itself, "criminal".

The SC declares laws and regulations unconstitutional all the time. There is no criminal case for circumventing the constitution. There are criminal laws like obstruction and conspiracy that may involve schemes that try and circumvent the constitution. Your question is interesting and difficult to answer.

[Jeffersons Ghost]

10. Even before he was president Trump was able to avoid criminal and civil prosecution

Last edited Mon Nov 12, 2018, 05:00 PM - Edit history (1)

Most business and political activities, by Trump are not only obstructions of justice but also criminal, income tax fraud.

[Pepsidog]

14. DC Circuit judges has asked both Mueller & Stone's aid Andrew Miller to submit briefs of affects of

Whitaker’s appointment. Miller is challennging the constitutionality of special counsel’s appointment. That may offer some guidance.

[The Velveteen Ocelot]

15. Will that affect Whitaker?

[Pepsidog]

18. Doubtful. The DC appeal panel asked both parties to submit briefs no longer than 10 pages. Maybe the

Court is looking at whether Miller’s case is now moot because there is now an Acting AG with supervisory control over Mueller. That’s the only reason I can think of.

[hjh3rd]

19. According to MSNBC last week

anyone who has a case against the Department of Justice has standing to file suit regarding this. Since every one of these suits names the AG or acting AG, they are technically impacted by Whitaker's appointment.

[Jeffersons Ghost]

41. Here is more on Whitaker:

https://www.democraticunderground.com/100211424726

[Texin]

23. Wasn't it reported last week that Rosenstein's attorneys were at the federal court in D.C.?

The blurb I read didn't make it clear whether the attorneys were his personal ones or those from within the justice department, and it would seem that as deputy AG, he would be the one to pursue a legal challenge, no?

[The Velveteen Ocelot]

24. I thought I saw something to that effect but haven't heard anything since.

I think courts are closed today for Veterans Day, so nothing new?

[FakeNoose]

28. Rod Rosenstein has been strangely quiet since last week

I believe something is up, but apparently he's not ready to make an announcement. We know that Mueller and Rosenstein are smart enough to stay 3 steps ahead. So we just have to trust them while we wait this out.

[Jeffersons Ghost]

7. Damned right! Florida is still having Jeb Bush-like problems counting votes on odd ballots...

Somehow the print-layout hides the senatorial race, causing many voters to miss a chance to change the senator from Florida. Now, even if the Democrat governor wins the Florida recount, it changes nothing in the Senate race.

[lark]

9. We still win in either case.

No Gillum won't help with Senate nominations, but he will be in charge of redistricting after the census if he gets elected, a huge advantage. He will also be in charge of vote counting. Don't know if he can change the law, think our legislature stayed red, but he can make damn sure that enough resources are allocated in the large counties like Broward, Palm Beach, Dade & Hialeah so that at least that roadblock is removed and can veto stupid healthcare laws passed to hurt the working class/poor.

Wouldn't it be great if all the votes get counted and both of these men win their contests? The people of FL would win as well as the nation and trumpism will be dealt a huge huge blow. Know it's a major longshot without those 40 boxes of missing ballots getting counted, but it's possible if Nelson or Gillum file a suit to make sure they get counted. Don't understand why they aren't being more aggressive on that?

[lagomorph777]

12. FL is about to massively blue-shift, thanks to Amendment 4.

1.4 million voters had been disenfranchised thanks to the combination of a justice system designed to round up brown people, and permanent stripping of their rights. These people know which side (GOP) took away their rights.

[lark]

27. My son is one of these people and he's always been hard core Dem.

[Jeffersons Ghost]

16. Yes, "if he gets elected" in a "Bush-like" recount of votes, recently postponed

[dewsgirl]

2. We have the brains on our side, I'm sure Mueller prepared for

Many scenarios including this one.

[dalton99a]

4. Kick

[Jeffersons Ghost]

32. Thanks, only 70 recommendations, with over 5,000 readers by 12:39 PM

The Opening Post wasn't posted long ago, though. It's still early in the 24 hour cycle.

[Jeffersons Ghost]

35. But please read what I believe to be a superior O.P. posted a couple of hours later than this:

https://www.democraticunderground.com/100211418050

[Jeffersons Ghost]

37. For some reason, time of this O.P. still appears in E.T.Z. but I posted it in NM, 2 hrs earlier MTZ

Last edited Mon Nov 12, 2018, 11:00 PM - Edit history (2)

It was actually posted two hours earlier than Democratic Underground reports. I tried changing my profile to the correct MTZ time zone a few days ago; but I could have made a mistake. I lived in Tuscaloosa, Alabama (CTZ) when I first joined Democratic Underground, while Bush was running for reelection. After leaving that RED[neck] state and moving to typically Blue, Massachusetts, where I successfully changed my DU reported time to Eastern Time Zone, Romney became Governor, prompting a move to New Mexico. I couldn't afford to live in in UFO central Roswell, dammit! So, here I sit in Albuquerque, where Trump militia-like morons, from other states, started a riot, right after a Trump speech incited it; but guess what Republicans and Trump, who tweeted he was planning to build a wall around New Mexico too, are thinking now:

[lindysalsagal]

20. I just heard on Preet Bharara's podcast that he can't because Sessions was actually fired.

Turns out there is a law, I was driving so I couldn't write it down, that prevents a president from firing the ag just to post someone who is not already senate-approved.

That's why Session's letter said, "YOu forced me to resign" so that the law would go into effect.

In other words, in the event of an illness or death, yes, you can put someone in for 200 days w/o senate approval, to give you time to get approval.

But potus cannot fire someone and then install just anyone. Which is exactly what has happened.

So, it's up to the senate to stop him.........Holding your breath?????

[onenote]

34. That simply is incorrect.

When a new president comes into office, it is typical for hundreds of senate confirmed officials to be asked to tender their resignations (including ambassadors, us attorneys, cabinet officials and deputies). If the president-elect couldn't name temporary replacements for those positions, it would be a disaster. Indeed, it would create an incentive for all of an outgoing president's appointees to refuse to resign until they were "fired".

[Pepsidog]

22. The "appointments clause"prevents the President from stacking the deck like Trump is trying to do

with Whitaker. George Conway & Kaytal’s Op-Ed in NYT lays out the law beautifully. Whitaker is an unconstitutional appointment. If he orders Mueller to do anything Mueller will most likely file a lawsuit for Declaratory Relief. Basically asking the Court to declare Whitaker’s appointment unconstitutional. Or mMueller can ignore Whitaker setting up a constituonal crisis. Bottom line,I think Mueller will sandbag Whitaker and not tell him anything. Like Mark Felt (deep throat) did at FBI when Nixon appointed a stooge FBI director.

[onenote]

36. The issues raised by Whitaker's appointment are far more complicated than either side admits

I'm not saying that the appointment might not be held to be unconstitutional, just that it raises complicated constitutional, statutory and practical issues.

For example, if you accept Justice Thomas' constitutional analysis (and, as a general rule, I would caution against anyone ever doing that), you are presented with the argument that in order to serve in as a "principal officer" which, under the Constitution, requires, Senate confirmation, one has to be confirmed for that specific position. It would not be constitutional for Ben Carson, confirmed as a Secretary of HUD, to step in as Attorney General without a separate confirmation for that position. Nor would it possible for someone serving as an "inferior" officer whose position by statute, but not by the Constitution, requires Senate confirmation, to step into a principal officer's position without separate confirmation. Indeed, a strict application of Thomas' position would call into question the longstanding practice whereby principal officers delegate some of their duties to underlings (including underlings that at confirmed by the Senate not because it is Constitutionally required but because Congress has required it by statute). To further complicate things, the line between a "principal" officer (one whose confirmation is required by the Constitution) and an inferior officer (one whose confirmation is not Constitutionally mandated but may have been mandated by Congress) is not particularly clear.

The practical considerations arise because the government needs to function when vacancies occur, which can happen not only in the middle of a president's term, but at the very beginning as part of the transition from one administration to another. It would be a mess if a president had to retain appointees of his or her predecessor until a replacement was confirmed. That is why the Vacancies Act has a specific provision under which temporary appointments can last longer during a presidential transition period than during other periods.

[Initech]

39. Ha ha ha ha, like that is gonna stop them!

Nothing they have done so far is ethical or constitutional, why start now?

[Quixote1818]

40. Jefferson's Ghost, can you ask Madison's Ghost about this?

You know, since he wrote the Constitution ?