Is Rod Rosenstein not SUPPOSED to be the AG right now? WTF?!?

[mr_lebowski]

How is Shitler getting away with this BULLSHIT of appointing some random RW Staffer asshat and total lackey ... to the Highest LEO Office in the United States?

Based on what, the technicality that he demanded Sessions to 'resign'?

That is a FIRING.

Please tell me Dems are all over the morning news shows, screaming bloody murder.

I hope Mueller seriously considers telling Whitaker to GET BENT if he shows up asking to see his work until he's been confirmed by the Senate.

Unless he really just has nothing on Trump or his family, he's got to be PISSED about these shenanigans that risks exposing his work ... TO the criminals themselves, through political f***ery.

[Calista241]

1. The Federal Vacancies Reform Act of 1998

allows the President to appoint his replacement.

Since Whitaker is not Senate confirmed, he can only serve for a limited time before he has to vacate the post, unless he is confirmed by the Senate.

Also, since to even the casual observer, the Republicans owe their current Senate majority to Trump, confirmation shouldn't be too hard. Especially those Senators that he campaigned for will almost certainly support him in this effort in the new Congress.

[mr_lebowski]

3. I thought that one only applies if the person resigns ...

This is NOT a real resignation.

Or do I misunderstand the statute?

[unblock]

6. i think the "resignation vs. firing" thing is a silly distraction

the statute applies if the vacancy is created when the office-holder "dies, resigns, or is otherwise unable to perform the duties...".

i think it's silly to say that the a firing doesn't count. is someone really going to argue that sessions is able to perform the duties of an office from which he has been fired?

[FBaggins]

10. It's a "real" resignation , but it doesn't matter.

All cabinet posts “serve at the pleasure of the president”... and accepting their resignation is how they get fired.

As far as the act is concerned... “a vacancy arises when a relevant officer ‘dies, resigns, or is otherwise unable to perform the functions and duties of the office.’”

[unblock]

5. the vacancies reform act doesn't allow donnie to appoint someone who hasn't been senate-confirmed

there are a few exceptions, but none apply as far as i know:

i agree that senate confirmation shouldn't be too difficult, certainly not once the new senate is seated in january.

https://en.wikipedia.org/wiki/Federal_Vacancies_Reform_Act_of_1998

Makes vacancy and time limitation provisions applicable to any affected office for which an advice and consent appointment is required unless:
another statutory provision expressly supersedes such provisions;
a statutory provision in effect on this Act's enactment date expressly authorizes the President, a court, or the head of an executive department to designate an officer to perform the functions of a specified office temporarily in an acting capacity or designates an officer to perform functions of a specified office in such temporary acting capacity; or
the President makes an appointment to fill a vacancy during a Senate recess.

[Calista241]

7. Even if he's not allowed to do that, any remedy by anyone is going to have to go through the courts.

And by the time it does so, Whitaker will have already done his work. And he'll either be confirmed, or another person will be nominated and awaiting the position.

[unblock]

9. agreed, for the most part.

whatever rosenstein could do would be temporary, knowing he'll be fired for insubordination.

for instance, he could approve a number of pending indictments over whitaker's objections if he can convince mueller that he (rosenstein) is actually a.g.

but then the "chaos" (engineered by donnie, of course) would "justify" shutting down the investigations. the indictments would be public, but the corrupted doj would drop those charges.

[unblock]

2. i'm baffled by the "technicality" excuse, it makes no sense.

if the vacancies reform act doesn't apply, then donnie has even less authority to appoint someone without senate confirmation.

that said, i doubt the senate will actually refuse to confirm donnie's choice. if not this senate, then the next one in january.

but then, that does leave rosenstein officially a.g. until then.


personally, i think this is actually a psy-op against rosenstein. i think he's technically a.g. right now, but they're creating confusion to keep him from doing anything until they can get senate confirmation for whitaker (or someone else who will be donnie's stooge).

[C_U_L8R]

4. It's a bogus resignation

Everyone knows Sessions was fired. Trump should be made to appoint someone else who already has Senate approval. But it seems no one dares stop him from just making up his own rules and doing whatever the fuck pleases himself and his microscopic mushroom dick.

[uponit7771]

8. THIS !!!! This is why firing sessions and not replacing him with Rosenstein should be front page

[bdamomma]

11. Sessions was fired.

apparently Kelly had to give him the bad news. Of course the coward tRump didn't do the deed.

[ecstatic]

12. This is what needs to be emphasized! trump's installation

of Whitaker was illegal and should not have been taken seriously by the media or the DOJ. Sessions' letter was clear--he was fired, which means the line of succession prevails. Rosenstein is the Attorney General.

When is someone going to update trump and the media of how it works?

[brooklynite]

13. No, he's not

Deputy AG is a specific job which reports to the AG. Nothing says the Deputy AG becomes Acting Ag in the event of a vacancy.

[mr_lebowski]

14. Well, when was the last time a POTUS fired an AG and immediately replaced him with

Someone who's NOT presently some type of experienced and high-ranking Federal LEO or Attorney like Rosenstein?

Has this EVER happened?

How about while they were under investigation by the Justice Department, and the person they selected to be interim AG was a completely blatant PARTISAN, hostile to the investigation against said President?

No matter how you slice it, I have to guess, this is utterly and completely unPresidented lol ...