US General Election 2016

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Re: US General Election 2016

Post by Pettytyrant101 on Thu Nov 08, 2018 3:02 pm

{{According to Judge Napolitano on Fox News, Trump's pick for the AG job, Whitaker, is not actually legally qualified under the law to serve in that position. Apparently following Watergate Congress made new rules to make it harder for a President to put his mates in the job, and the legal criteria necessary which they drew up for someone in the AG position Whitaker doesn't meet.
Given he is not eligible for the position under he Constitution surely his appointment simply can't go ahead? How is this challenged in the US system when it so obviously breaking the existing laws? Can Congress just throw it out? Or does it have to go to court to be challenged?}}

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Re: US General Election 2016

Post by halfwise on Thu Nov 08, 2018 3:30 pm

Most likely he can do administrative duties, but will be challenged if he does anything that requires executive decision making.

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Re: US General Election 2016

Post by Pettytyrant101 on Thu Nov 08, 2018 3:37 pm

{{That would surely almost entirely neuter him, which I dont think is what Trump has in mind with his appointment.
far as I can tell you have to be sworn in by Congress and take an oath before anyone is legally allowed to hold the office at all or be appointed to it- and he hasn't been. Its that simple and clear cut it seems.
So how can he even be given the position, even if he doesn't make executive decisions- he seems simply legally ineligible for the role under the law. }}


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Re: US General Election 2016

Post by halfwise on Thu Nov 08, 2018 4:08 pm

Since Trump clearly didn't want to take the easy route and make Rod Rosenstein acting AG, he's very limited. And Whitaker it seems can't become AG after being acting AG, so either Trump didn't know what he was doing or doesn't want Whitaker as his final attorney general. With Trump "doesn't know what he's doing" is usually the safer bet.

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Re: US General Election 2016

Post by Pettytyrant101 on Thu Nov 08, 2018 4:12 pm

{{ My curiosity lies however in what happens if you have a President who makes appointments out of not knowing what they are doing, and so makes ones which are not actually legal under the law- such as this one- how do you stop him? Is there a mechanism in place already or is this a case of no other President has ever been so naive about the laws they are upholding so its never come up before, and there isn't a precedent to follow?
In short is there anything to actually stop him making illegal appointments?}}

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Re: US General Election 2016

Post by halfwise on Thu Nov 08, 2018 5:18 pm

He has a tendency to do things nobody else would even consider (like not divesting from his own hotel right down the street from all the government buildings) and so nobody's bothered to figure out how to stop such a thing. The only real brake on a president is either being criminally arrested or being impeached. This congress isn't likely to impeach him, and it's not clear exactly how you go about arresting a president - do federal agents waltz right through federal security forces? The main thing that's stopped him so far is Congress holding the purse strings and federal courts blocking his actions.

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Re: US General Election 2016

Post by David H on Thu Nov 08, 2018 6:26 pm

Pettytyrant101 wrote:{{According to Judge Napolitano on Fox News, Trump's pick for the AG job, Whitaker, is not actually legally qualified under the law to serve in that position. Apparently following Watergate Congress made new rules to make it harder for a President to put his mates in the job, and the legal criteria necessary which they drew up for someone in the AG position Whitaker doesn't meet.
Given he is not eligible for the position under he Constitution surely his appointment simply can't go ahead? How is this challenged in the US system when it so obviously breaking the existing laws? Can Congress just throw it out? Or does it have to go to court to be challenged?}}

My bet is that it won't come to that. Whitaker is taking on the duties of AG temporarily because Sessions technically resigned, which makes a certain amount of sense (even if Sessions was asked to resign...) But I think any attempt to appoint him permanently would trigger alarm bells among both lawmakers and the judiciary. The presidency can't function effectively without at least some cooperation from the other two branches of government, so there are lot's of practical ways of pushing back short of direct legal challenges.

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