Markos post - Democrats: Fox recess appointment illegal

[beachmom]

Dodd wasn't just blowing hot air yesterday. This recess appointment could be heading to the courts. From the link:

To fight the Fox appointment, Democrats are questioning the Bush administration's plan to have Fox serve in a voluntary capacity -- receiving no pay for his duties as ambassador. This is an important legal technicality, as federal law prohibits "payment of services" for certain recess appointments. However, if the recess appointee in question agrees that he or she will take an unpaid position and not sue the government at a later date for compensation, then the appointment can go forward, at least as the White House sees it.

So as long as Fox -- a multi-millionaire -- agreed not to sue the Bush administration later for not paying him, the White House would be comfortable with giving him an unpaid, "voluntary service" recess appointment as ambassador to Belgium.

But here's the rub that makes Democrats view Bush's recess appointment of Fox as a major-league no-no: Federal law prohibits "voluntary service" in cases where the position in question has a fixed rate of pay, as an ambassadorship does. That's how the Government Accountability Office, an arm of the Democratic-controlled Congress, interprets the law <...>

"How to reconcile this clear conflict between the pay restriction, which says that Fox cannot be paid, with the voluntary services provision, which says that the State Department cannot accept voluntary services from Fox?" queried one senior Democratic aide who asked for anonymity to speak frankly about the matter.

"That is the $64,000 question," he added.

http://www.dailykos.com/story/2007/4/5/04552/16876

[wisteria]

1. I really hope there is something here they can pursue.

Bush should have left well enough alone. Fox is unfit for this position. Yet, with everything Bush, he has to win or one-up everyone else. This is all a game to him and it doesn't matter if he drags down our country in order to obtain his ultimate goal of a win.

[ginnyinWI]

7. * still doesn't get that there is a new Congress in town.

The status quo is changed: there is no more rubber-stamp Congress who will just look the other way on these things. Especially when there are a select few of them who are now HOPPING MAD! Good for them if they pursue this all the way to the end.

[karynnj]

2. I am more and more impressed by Dodd

Between his actions on this - that show the depth of his moral outrage on the appointment - and his co-sponsorship of the Feingold bill, he might be able to fill the place we hoped existed - an experienced anti-war candidate.

[beachmom]

3. The pragmatic in me, however, must address the viability factor.

Thus far, Sen. Dodd has gotten no traction for '08 -- little blog buzz (presidential politics), little money, and a poor showing in the polls. His Daily Show performance didn't help -- yes, Jon Stewart was kinda mean, but I didn't feel like Chris fought the perception very well that he had no chance to get the nomination.

So we are left with someone we all love, who has no chance. My primary vote is useless -- the nomination will no doubt be sewn up before the Virginia primary. My plan at this time (if this is so) is to write in John Kerry. Heck, I'm not sure I should really care about it, since my vote means nothing. But . . . for those in states where it WILL matter, it does seem to me that Edwards and Obama are the anti-you know who's. Neither of them are all that great, but I don't see any of the others getting traction. Of course, I could be dead wrong . . .

[Inuca]

4. Let's hope it is still too early

and that things may still change dramatically. Of course, I have no idea what will happen, but shouldn't we remember JK's poll numbers on 03? I think Dodd is a serious person and did not get into this just to pass time, he hopefully has some aces up his sleave, or at least the conviction that he can win because he is the best suited for the job. Such a conviction, and the passionate and convincing way he can speak at times may help him in the debates. We'll see what happens later.... I was tempted to send a few $ his way recently. I did not do it (and I feel kind of guilty about it), things are rather tight, and I am not 100% convinced yet that he is THE ONE.

[beachmom]

5. Kerry was such a strong candidate, that I'm not sure comparing

his tanking in the polls in '03 to Dodd today works. (And two things happened to Kerry that hurt him -- the IWR vote and his getting cancer which led to the Dean insurgency). I like Dodd a lot, and think he is very intelligent and wise, but . . . what matters is the PRESENCE on TV, and I'm not sure he has that. We shall see, of course, and you're not going to get a disagreement from me that Dodd is the kind of person who would be great in the Oval Office.

[Inuca]

6. I definitely agree with the

presence on TV thing. It's extremely unfair, but unfortunately true. I woudl also add to the "intelligent and wise" description passionate about the right things and honorable. Adn of course experienced. I keep marveling at the folly of so many who do not understand that in the mess that will be left behind by this horrid administartion expereince should matter more than ever. Promise, potential, oustanding intelligence, etc. all these are wonderful things to have, but if this is all you have I at least do not feel comfortable with you in 09. Adn this applies to the republican field as well, with McCain imploding at an amazing (and ALMOST painful to watch) rate, they are in sorry shape. Not that I mind.... Fred Thompson the savior, for crying out loud!

[Dr Ron]

11. Dodd and Kerry not in same situation

In Kerry's case he was one of the early front runners, who fell when the conventional wisdom was that Dean would win it all. Once Dean's campaing self-destructed, Kerry resumed his initial place as a front runner. Dodd hasn't been taken seriously as a candidate from the start.

One thing which probably also hurts Dodd is that there are so many Senators running (plus Edwards as ex-Senator). So far there's been nothing to get people excited about one more Senator. Richardson appears to solidifying himself as leading the second tier, at least appearing a bit different as Governor (with many other positions in the past).

[ginnyinWI]

8. he seems pretty capable

I think his head's in the right place and he'd make a good president. The trouble is getting there. It's too bad that you have to do so much "show-biz" to get attention in this country.

I'd vote for him, and probably for Edwards or Obama too--nobody inspires me like JK did/does. At least not yet. I feel like my political "heart" has been broken, somehow.

[wisteria]

9. I share that political broken heart with you. n/t

[karynnj]

10. Here's an intersting St Louis article on it - nice Webb quote

I was using google, looking to see how the ST Louis media was playing it - I was hoping to find some Jewish newspaper to send a LTTE to - but found this - the Kerry quote is amazingly kind - rather the opposite of the RW view that thia is a Kerry vendetta. (Oddly the Jewish press (in NJ and the ST Louis one I found)seems to be ignoring the story - but Ineed to look more.)

" But Webb, a Vietnam combat veteran, said it was time to take a stand against the type of politics Kerry's enemies used to tarnish the senator's war record in the 2004 campaign.

"I really admire so many of the things Sam Fox has done — but the politics of character assassination has to stop," Webb said."
<snip>
Kerry told the Post-Dispatch Wednesday that he was prepared to allow Fox' nomination to proceed "If Mr. Fox would simply acknowledge that he made a mistake, and disavow the (Swift veterans) he once supported. I think a lot of committee members felt the same way. Again, he chose not to, which raises questions about his judgment."



"

http://www.stltoday.com/stltoday/news/stories.nsf/nation/story/3F211B8A11D0CC1E862572AC00812C07?OpenDocument&highlight=2%2C%22fox%22