Now that Donald Trump has Won

Or distract the media from reporting how poorly the Republicans did in the House and all the investigations the Democrats are going to drop on his head.

As well as terminate one of the investigatory bodies.

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I was wondering how long it would take for the toys to start being thrown from the pram. How long until Whitaker fires Mueller at Trump’s command?

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From what I understand Matt Whitaker was the Chief of Staff to the former AG. The way succession works at the AG is the Deputy AG becomes acting AG.

They’re trying to pull a fast one and short circuit the process.

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If the Attorney General is fired, succession kicks in and the Deputy AG becomes the acting AG. However, if the Attorney General, or really any cabinet secretary, resigns the President can choose to fill that position with anyone he or she wants, as long as that person has also been already been confirmed by the Senate.

Technically, because Sessions resigned, Trump can appoint anyone he wants to be Acting AG.

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Whitaker was never confirmed by the Senate, so he can’t do anything unless there’s a new vote.

Since when has “Trump can’t do that” ever been an actual obstacle to this administration?

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I’m sorry, I wasn’t detailed enough. Any replacement Trump picks to be AG has to be confirmed by the Senate. But interim Acting AG’s don’t have to be.

Allowing the president any input on administration appointees seems like a worse and worse idea all the time but the alternative is having the House or Senate pick which will be just as partisan… Soooo… We’re fucked?

So, I guess somewhat related. I’ve gotten the third of three approvals I need to move across an ocean and keep my job. Tentative plan for march of next year. Permanent relocation to Europe.

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Congrats!

Since the mid-terms went OK, I have paused my similar timeline.

In my case this was always a bit of a life goal so I’d likely still be doing this with Hilary at the helm, that said, the current tom foolery probably had a catalyzing effect.

Basically, yes.

With a Republican Senate, Trump has absolute control over the staffing of the Executive Branch and government agencies.

Turns out you were right all along:

https://www.nytimes.com/2018/11/08/opinion/trump-attorney-general-sessions-unconstitutional.html?nytapp=true&smid=nytcore-ios-share&fbclid=IwAR2gETnsor7JmmWwcYu1DbveOWD_yiXb-N3a55DFUSfm-Gf5o5iolTFDiMY

" Appointments Clause of the Constitution, Article II, Section 2, Clause 2. Under that provision, so-called principal officers of the United States must be nominated by the president and confirmed by the Senate under its “Advice and Consent” powers…

It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid."

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Seems like people are debating this with the “Vacancies Reform Act of 1998”.

"There has been some commentary suggesting that because Whitaker was in a job (chief of staff) that did not require Senate confirmation, he could not become the “acting officer” in a position (AG) that calls for Senate confirmation. Not so. The Vacancies Act enables the president to name an acting officer, who may serve as such for 210 days, as long as the person named has been working at the agency or department for at least 90 days in a fairly high-ranking position. Whitaker qualifies.”

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So I guess I was right?

This is one of those rare situations where I wish that wasn’t the case.

I have no idea who is actually right. I would think the constitution supersedes every single thing except for an amendment to the constitution. But friend computer says I don’t have clearance for this.

Although reading up on the guy who wrote that opinion piece, Andrew McCarthy, the guy is a Republican hack, so his opinion is clearly biased.