Trump Fires Sessions

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Trump Fires Sessions

Postby toucana on November 7th, 2018, 4:05 pm 

Breaking

President Trump has fired Attorney General Jeff Sessions.

https://www.bbc.co.uk/news/world-us-canada-46132348
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Re: Trump Fires Sessions

Postby Braininvat on November 7th, 2018, 5:43 pm 

Since Kansas just rejected him for governor I'm sure that eminent voting fraud expert Chris Kobach will be on Trump's short list for new AG.
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Re: Trump Fires Sessions

Postby zetreque on November 8th, 2018, 4:10 pm 

Something strange. In the small town I am in, there is actually a HUGE (considering the population size) protest planned today over this. We rarely have protests in this town, even all the massive ones over the past two years we didn't have anything in my town.

with local hosts setting the exact time in each location. There are already more than 300,000 people signed up to attend more than 900 events scheduled across the country!

https://www.trumpisnotabovethelaw.org/event/mueller-firing-rapid-response/search/?s=0&source=GREENPEACE
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Re: Trump Fires Sessions

Postby zetreque on November 9th, 2018, 12:24 am 

Apparently the guy who organized the satellite protest here used to work for the defense department a long time ago. It was more of a question and answer thing than a protest. I always find it funny that people organize protests but do them in locations where no outsiders even know what the protest is about and no news media is ever told about the protests to cover it.
People drive by are are like "ok there is a group of people here"
or "ok these people are upset about something, no idea what but good for them"
This one tonight here wasn't even along a street let alone a busy street.
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Re: Trump Fires Sessions

Postby Braininvat on November 9th, 2018, 11:23 am 

We had a peaceful assembly in Rapid City, though turnout maybe was reduced by a 15 F/-9.4 C temperature and a stiff breeze. I will go out in any weather, but even I found it a bone chilling ordeal to just stand there. A march would have been a little more warming. Placards waved, supporting motorists honked as they passed, lots of visibility at the city's main intersection. Didn't see media, for this one. We had great turnout for the march early last Spring, after the mass shooting in Florida, and media coverage. Which was enhanced by hostile biker rednecks roaring by and yelling "come and get them [their guns], fuckers! " For some reason, they thought universal background checks for gun purchases would result in door to door search and seizure of their weapons.
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Re: Trump Fires Sessions

Postby hyksos on November 9th, 2018, 12:16 pm 

It might be time to reflect about the history of the office of the President. What was the original conception for a POTUS in American government? How does it differ from a "Prime Minister"? What year did the POTUS suddenly gain the power to willy-nilly fire Attorney Generals and willy-nilly appoint a new one on a dime? Did this happen some time after WW1? ( Perhaps during the Wilson administration or something? )

Deeper questions: How could a democracy with a 3 coequal branches have given rise to someone like Donald Trump?

It might be a little bit early to start asking these questions, but I feel like we are on a fast-track to replace Ginsburg. After Ginsburg is out, the LEGISLATIVE BRANCH will have fallen under the spell of the Oval Office. The Kavanaugh-Gorsuch nexus will decide that a "sitting president cannot be indicted". Then we will be slingshotted into a criminal tyranny.
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Re: Trump Fires Sessions

Postby Braininvat on November 9th, 2018, 1:49 pm 

What year did the POTUS suddenly gain the power to willy-nilly fire Attorney Generals and willy-nilly appoint a new one on a dime?


That would be never, on the second part. The Constitution designates the AG as a "principal officer" of the US government and therefore requires that appointments are made with the advise and consent of the Senate. The Constitution has never specified causes for firing, however, leaving that to the POTUS's discretion. It has never gone to SCOTUS. Could be political fallout for Trump, however, if he is firing Sessions simply because he did recuse himself. It was a lawful and ethical recusal, and so did not in any way manifest incompetence in the duties of AG.
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Re: Trump Fires Sessions

Postby toucana on November 10th, 2018, 5:08 am 

Matthew Whitaker who has just been installed as the acting US Attorney General by Trump was a paid advisory member of the board of a fraudulent Florida based company who were shut down and fined $26 million by the FTC last year.

https://www.theguardian.com/us-news/2018/nov/09/matthew-whitaker-acting-attorney-general-wpm-scam

According to the Guardian article, the company called World Patent Marketing were a massive invention marketing scam who specialised in swindling US veterans out of their life savings. Thousands of their victims, many of them veterans, including some who were disabled, lost millions of dollars in total in the WPM scam.

WPM promoted itself as a champion of those who served in the military. “Not only do we honor the veterans and soldiers of our armed forces but we are also celebrating what they are protecting - the American dream,” it said in a statement timed for Veterans Day 2014, which highlighted Whitaker’s role at the firm.
Whitaker publicly vouched for WPM, claiming in a December 2014 statement it went “beyond making statements about doing business ‘ethically’ and translate[d] those words into action”.

The FTC legal action that shut down WPM and ordered them to pay almost $26 million in fines and compensation was a civil suit, but according to new reporting by Wall Street Journal last night, the FBI have an active criminal investigation in progress into the affairs of WPM.

https://www.wsj.com/articles/fbi-is-investigating-florida-company-where-whitaker-was-advisory-board-member-1541799564

The criminal investigation into WPM is being conducted by the Miami branch of the FBI and the US Postal Inspection service. A telephone help line recording set up by the Justice Department to help victims of the WPM scam says (as of Friday) that this investigation is still active.
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Re: Trump Fires Sessions

Postby kudayta on November 10th, 2018, 5:14 am 

Braininvat » Fri Nov 09, 2018 9:49 am wrote:The Constitution designates the AG as a "principal officer" of the US government and therefore requires that appointments are made with the advise and consent of the Senate.


I'm sorry for my pedantry here: But no, the Constitution does not designate the AG as a principal officer.

Article 2, section 2, clause 2 state that the President can appoint ambassadors, public ministers and consuls, judges to SCOTUS, and all officers of the United States not specifically mentioned (with the advice and consent of the Senate). The ones not specifically mentioned are established by law, meaning Congress has designated the AG as a principal officer and Congress can revoke that designation by law.

The Constitution doesn't specify a lot of things we take for granted today, it was intentionally left open-ended on the details because circumstances change and even the dudes in the 18th century knew that. The President can fire the AG anytime he wants, but a new appointee needs to be confirmed by the Senate unless they've already been confirmed to another post per the Federal Vacancies Act. That last point may be contested, because the Vacancies Act doesn't specify what to do if the officer is fired.

The problem with Sessions and Whitaker is that Whitaker has not been confirmed by the Senate to serve as a principal officer of the United States. And that's a violation of Article 2, the Federal Vacancies Act, and the DOJ's succession statute. It even violates Trump's own executive order on the topic.

And I haven't even touched on the conflicts of interest that Whitaker has regarding Mueller's investigation.
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Re: Trump Fires Sessions

Postby Braininvat on November 10th, 2018, 12:19 pm 

Hi, Kudayta.

Not sure Congress ever needed to designate the AG as a principal officer. As a high level cabinet post, I believe it was considered so, prima facie. If I had replaced designate with "recognize" my post would have better reflected my meaning.

The president’s decision to appoint a Department of Justice employee who is not Senate-confirmed to act as attorney general under the FVRA raises an esoteric but unresolved constitutional issue. The Appointments Clause of the Constitution provides that the president can nominate and, “by and with the Advice and Consent of the Senate,” appoint officers of the United States. It further allows that “Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.” Consequently, while the clause permits Congress to authorize the appointment of “inferior officers” by the president alone or by the head of a department, it requires that any “principal officer” be appointed by and with the advice and consent of the Senate.

The attorney general—a Cabinet-level official who is the head of a major executive department and reports only to the president—is plainly a principal officer.


https://www.lawfareblog.com/matthew-whi ... -questions

I don't think Congress would have standing to revoke the AG as a principal officer. TBH, that strikes me as preposterous.
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Re: Trump Fires Sessions

Postby Braininvat on November 13th, 2018, 7:11 pm 

https://www.theatlantic.com/ideas/archi ... er/575770/

Further explanation on the constitutional matter.
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