Whaddaya know: Mark Whitaker, now in charge of the Mueller investigation, chaired the 2014 campaign of Sam Clovis, a grand jury witness in that investigation. https://t.co/NzUkgjwOp1
Bolton appears to have been a loophole in the Vacancies Act - not the AG.
As the article notes, the new act gives the law teeth - voiding any actions outside scope.
The AG is a senior officer, so no, Whitaker can't take over Sessions'/Rosenstein's duties without being confirmed by the Senate, or even take over transferred duties. https://www.vox.com/world/2018/3/22/17153338/john-bolton-national-securi...
A 2011 act decreased the number of positions requiring confirmation.
It looks like a bunch of lawyers arguments to me. In the end the court will have to decide if someone sues. It seems the basic argument is that if Sessions was fired his replacement must be someone who was at least previously confirmed by the senate. But if he resigned his interim replacement can be anyone. If this argument holds up in court first one must show he was fired and did not resign.
No, this looks to be pretty hardcore law specifically legislated from the looks of it - a handful of positions require Senate confirmation, even if a prior holdover in a top administration position. Whitaker doesn't fit. Even Kavanaugh would have trouble creating a loophole justification.
That's the liberal side of the argument. It's getting little attention from news pundits and no one of any consequence in Washington is pushing it. So I doubt it's such a sure thing as you claim.
just struck me that may also be a healthier way to go as regards the mood of the country because that moves everything away from the political cauldron of Congress to the judicial system?
So then if biggies get indicted we get more of a national scenario along the lines of the OJ trial instead of Bill Clinton impeachment trial? Both were quite popular big infotainment shews, as I recall.
"We cannot tolerate such an evasion of the Constitution’s very explicit, textually precise design. Senate confirmation exists for a simple, and good, reason. Constitutionally, Matthew Whitaker is a nobody. His job as Mr. Sessions’s chief of staff did not require Senate confirmation ... For the president to install Mr. Whitaker as our chief law enforcement officer is to betray the entire structure of our charter document."
Maddow reported last night that hundreds of peaceful protest rallies to protect the Mueller investigation are on tap for late this afternoon, all over the country, organized by Indivisible, MoveOn and perhaps others. These groups are treating the red line as now having been crossed with the Whitaker move.
From Greg Sargent's WaPo column today, "Cornered and raging, Trump begins his coverup. Here's how Democrats can respond." One option he discussed:
........
Subpoena Mueller’s findings. Under the regulations governing the special counsel, he is to provide a “confidential” report explaining his conclusions to the person overseeing the probe — who would have been Rosenstein but now will be Whitaker. It is Whitaker who is then supposed to provide a report to the bipartisan leaders of the House and Senate judiciary committees, which gives him a great deal of discretion to decide how much to put in that report.
Whitaker could theoretically report little to nothing, in effect covering up what Mueller learned. “Democrats could subpoena Mueller’s findings,” Chafetz tells me. “But expect the White House to put up a fight in response to the subpoena.” Other legal experts think that if the White House defied such a subpoena, the courts would rule against them, meaning Congress would get Mueller’s finding
As Chafetz has written elsewhere, one key thing Democrats must think hard about is how to use such proceedings to inform the public about what’s happening, both for political and substantive reasons.
........
Sargent concludes:
It seems obvious that once Democrats take over the House, we are headed for a major escalation in hostilities. Trump is already testing to see what he can get away with, so it’s good that leading Democrats just responded with a letter calling on Republicans to hold emergency hearings on Trump’s move, arguing that the appointment of Whitaker is precipitating a “constitutional crisis.” Republicans will shrug, but this suggests Democrats recognize the gravity of the moment and are organizing to respond accordingly.
thanks for pointing this one out, good big picture gathered up by a knowledgeable generalist, as it were.
This point stands out to me as exceptionally important:
As Chafetz has written elsewhere, one key thing Democrats must think hard about is how to use such proceedings to inform the public about what’s happening, both for political and substantive reasons.
"Trump's acting attorney general, Matt Whitaker, has no intention of recusing from Russia probe, associates say", WaPo 22 minutes ago, Devlin Barrett, Matt Zapotosky, Josh Dawsey
Acting Attorney General Matt Whitaker has no intention of recusing himself from overseeing the special counsel probe of Russian interference in the 2016 election, according to people close to him who added they do not believe he would approve any subpoena of President Trump as part of that investigation.
Since stepping into his new role on Wednesday, Whitaker has faced questions — principally from Democrats — about whether he should recuse from the Russia investigation, given that he has written opinion pieces in the past about the investigation, and is a friend and political ally of a witness.
On Thursday, two people close to Whitaker said he has no intention of taking himself off the Russia case.
Ethics officials at the Justice Department are likely to review his past work to see if he has any financial or personal conflicts. In many instances, that office does not require a Justice Department official to recuse, but suggests a course of action. In the past, senior Justice Department officials tend to follow such advice, but they are rarely required to do so, according to officials familiar with the process.
A Justice Department spokeswoman declined to comment. Officials there have said Whitaker will follow the regular procedure in handling any ethics issues that arise.
The two people close to Whitaker also said they strongly believe he would not approve any request from special counsel Robert S. Mueller III to subpoena the president. Mueller and Trump’s lawyers have negotiated for months about a possible interview, with no agreement in sight.
Whaddaya know: Mark Whitaker, now in charge of the Mueller investigation, chaired the 2014 campaign of Sam Clovis, a grand jury witness in that investigation. https://t.co/NzUkgjwOp1
Fox's Napolitano apparently agrees with Kellyanne Conway's husband, who had an editorial in today's NYTimes saying the appointment is unconstitutional. https://t.co/l7J8FgW2SZ
When the Senate convenes next week, @ChrisCoons and I will ask for unanimous consent to bring S.2644, the Special Counsel Independence and Integrity Act, to a vote on the Senate floor. After the firing of The AG, it is more important than ever to protect the Special Counsel.
Lots more protest videos turning up on Twitter now.
But:I must add this perspective: some of my in-laws in Northern California could care less, I just found out they are on the road, fleeing this fire, and only the local news cares so far, too much news, at least NBC is now covering it:
Matthew Whitaker explaining WHY Sessions HAD to Recuse himself because of the “appearance of impropriety.” He is ALSO explaining why HE must RECUSE HIMSELF in the Russia investigation in his new role as AG. pic.twitter.com/V572igpg3Q
.@SenatorCollins just out out a release saying it was "imperative" for McConnell to bring a bill protecting Mueller to the floor ASAP -- because Whitaker.
We knew Whitaker was a critic of Russia inquiry but turns out to be more: in July 2017 he interviewed with WH Counsel McGahn to be admin's chief defender against it. Trump gave job to Ty Cobb instead, but has now installed Whitaker as Mueller's supervisor. https://t.co/Jyv2q41GqV
David Rohde, who has left the war reporting beat and is now an executive editor of newyorker.com and the author of a forthcoming book about the Trump Administration, the F.B.I., and the C.I.A.:
Donald Trump, Jeff Sessions, and the Dangers of a Slow-Motion Watergate https://t.co/P7kmyJOBXi
Yes this is the situation right now but the feeling I got from this is that he might be thrown under the bus soon if he gets to be too much trouble. As Blake says and Maggie agrees:This is what WH staff do when they don’t want false denials/conspiracy theories to blow back on them.
Comments
Pelosi & Feinstein back Russian probe
https://thehill.com/homenews/house/415597-pelosi-calls-on-whitaker-to-re...
https://thehill.com/homenews/senate/415608-feinstein-acting-ag-must-pled...
by PeraclesPlease on Thu, 11/08/2018 - 4:06am
Corrupt apparatchik Whitaker as acting AG?
with total serious experience for the highest attorney as 5 years in Iowa, plus losing several elections since? Trump sneaks around Senate approval for getting a *chief of staff* approved for his boss' position.
https://en.wikipedia.org/wiki/Matthew_Whitaker_(politician)
New Yorker takes down Whitaker's Russia probe arguments:
https://www.newyorker.com/news/swamp-chronicles/matthew-whitaker-the-new...
Whitaker on board of convicted scammer World Patent Marketing:
https://www.theguardian.com/us-news/2018/nov/07/matthew-whitaker-trump-a...
And then this, Russian conflict-of-interest supreme:
by PeraclesPlease on Thu, 11/08/2018 - 4:14am
Josh has more on Whitaker-Clovis & his ties to the transition:
https://talkingpointsmemo.com/dc/incoming-ag-whitaker-faced-fellow-trump...
by PeraclesPlease on Thu, 11/08/2018 - 9:06am
Appt illegal says Fox legal consultant Napolitano
https://m.huffpost.com/us/entry/us_5be3b528e4b0dbe871a69269
by PeraclesPlease on Thu, 11/08/2018 - 10:05am
You already recall how much I despise Napolitano; however recently he has astounded me with certain pronouncements.
This cite totally confuses me.
Congress is not in session.
I thought that the prez could appoint interim figures.
I recall Bolton functioning as our Ambassador to the UN without confirmation.
INTERESTING!
by Richard Day on Thu, 11/08/2018 - 10:47am
Bolton appears to have been a loophole in the Vacancies Act - not the AG.
As the article notes, the new act gives the law teeth - voiding any actions outside scope.
The AG is a senior officer, so no, Whitaker can't take over Sessions'/Rosenstein's duties without being confirmed by the Senate, or even take over transferred duties.
https://www.vox.com/world/2018/3/22/17153338/john-bolton-national-securi...
A 2011 act decreased the number of positions requiring confirmation.
by PeraclesPlease on Thu, 11/08/2018 - 11:14am
Thank you Peracles, I think you have clarified this issue for me.
by Richard Day on Thu, 11/08/2018 - 11:32am
It looks like a bunch of lawyers arguments to me. In the end the court will have to decide if someone sues. It seems the basic argument is that if Sessions was fired his replacement must be someone who was at least previously confirmed by the senate. But if he resigned his interim replacement can be anyone. If this argument holds up in court first one must show he was fired and did not resign.
by ocean-kat on Thu, 11/08/2018 - 11:22am
No, this looks to be pretty hardcore law specifically legislated from the looks of it - a handful of positions require Senate confirmation, even if a prior holdover in a top administration position. Whitaker doesn't fit. Even Kavanaugh would have trouble creating a loophole justification.
by PeraclesPlease on Thu, 11/08/2018 - 11:48am
That's the liberal side of the argument. It's getting little attention from news pundits and no one of any consequence in Washington is pushing it. So I doubt it's such a sure thing as you claim.
by ocean-kat on Thu, 11/08/2018 - 12:06pm
The news pundits keep thinking Mueller's goal is a big report, contrary to other similar investigations. Dog's too stupid to hunt sometimes.
In short, Mueller's out to indict, and indict he will.
by PeraclesPlease on Thu, 11/08/2018 - 2:12pm
just struck me that may also be a healthier way to go as regards the mood of the country because that moves everything away from the political cauldron of Congress to the judicial system?
So then if biggies get indicted we get more of a national scenario along the lines of the OJ trial instead of Bill Clinton impeachment trial? Both were quite popular big infotainment shews, as I recall.
by artappraiser on Thu, 11/08/2018 - 2:34pm
Well, today being Friday, and the time being 1:30 EST, it may be just a few hours from a Mueller News Dump. Wouldn’t that be great?!?! Yes!
by CVille Dem on Fri, 11/09/2018 - 1:35pm
by PeraclesPlease on Thu, 11/08/2018 - 5:52pm
Maddow reported last night that hundreds of peaceful protest rallies to protect the Mueller investigation are on tap for late this afternoon, all over the country, organized by Indivisible, MoveOn and perhaps others. These groups are treating the red line as now having been crossed with the Whitaker move.
by AmericanDreamer on Thu, 11/08/2018 - 11:57am
From Greg Sargent's WaPo column today, "Cornered and raging, Trump begins his coverup. Here's how Democrats can respond." One option he discussed:
Sargent concludes:
https://www.washingtonpost.com/blogs/plum-line/wp/2018/11/08/cornered-an...
by AmericanDreamer on Thu, 11/08/2018 - 12:29pm
thanks for pointing this one out, good big picture gathered up by a knowledgeable generalist, as it were.
This point stands out to me as exceptionally important:
by artappraiser on Thu, 11/08/2018 - 1:56pm
They could also hire Mueller as an attorney.
by CVille Dem on Fri, 11/09/2018 - 1:39pm
Alrighty then Cville, I hereby render unto you the Dayly Line of the day award for this here Dagblog Site, given to all of you from all of me.
...keep your enemies closer.
hahahaha
by Richard Day on Fri, 11/09/2018 - 4:09pm
"Trump's acting attorney general, Matt Whitaker, has no intention of recusing from Russia probe, associates say", WaPo 22 minutes ago, Devlin Barrett, Matt Zapotosky, Josh Dawsey
by AmericanDreamer on Thu, 11/08/2018 - 12:34pm
[Yo quote Britney, "oops, you did it again.- PP]
by Peter (not verified) on Thu, 11/08/2018 - 2:14pm
by artappraiser on Thu, 11/08/2018 - 5:59pm
by artappraiser on Thu, 11/08/2018 - 6:28pm
by artappraiser on Thu, 11/08/2018 - 6:37pm
Senators Flake and Coons:
by artappraiser on Thu, 11/08/2018 - 6:46pm
Times Square, 1 hr. ago:
by artappraiser on Thu, 11/08/2018 - 6:48pm
Lots more protest videos turning up on Twitter now.
But:I must add this perspective: some of my in-laws in Northern California could care less, I just found out they are on the road, fleeing this fire, and only the local news cares so far, too much news, at least NBC is now covering it:
by artappraiser on Thu, 11/08/2018 - 7:27pm
by artappraiser on Thu, 11/08/2018 - 6:51pm
by artappraiser on Fri, 11/09/2018 - 5:15pm
by artappraiser on Fri, 11/09/2018 - 5:17pm
Also here's a cross link to a bunch of stories on Whitaker and World Patent Marketing, a sub-thread over at American Dreamer's long-term thread titled "Fortitude."
by artappraiser on Fri, 11/09/2018 - 11:31pm
by artappraiser on Sat, 11/10/2018 - 12:03pm
David Rohde, who has left the war reporting beat and is now an executive editor of newyorker.com and the author of a forthcoming book about the Trump Administration, the F.B.I., and the C.I.A.:
by artappraiser on Sat, 11/10/2018 - 12:08pm
by artappraiser on Wed, 11/14/2018 - 10:12pm
Guy on World Patent board didn't know and doesn't feel he should know. Now let's forget the conviction and fine. Nothing to see here.
by PeraclesPlease on Thu, 11/15/2018 - 1:34am
Yes this is the situation right now but the feeling I got from this is that he might be thrown under the bus soon if he gets to be too much trouble. As Blake says and Maggie agrees:This is what WH staff do when they don’t want false denials/conspiracy theories to blow back on them.
by artappraiser on Thu, 11/15/2018 - 1:04pm
by artappraiser on Thu, 11/15/2018 - 1:05pm
It could be, but he's a puss who always backs off.
by PeraclesPlease on Thu, 11/15/2018 - 2:42pm