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Title: Judge Nap: Whitaker Not 'Legally Qualified' to Be Acting Attorney General
Source:
Fox News Insider
URL Source: http://insider.foxnews.com/2018/11/ ... law-be-acting-attorney-general
Published: Nov 8, 2018
Author: Fox News Insider
Post Date: 2018-11-08 22:30:45 by nolu chan
Keywords: None
Views: 1881
Comments: 12
Judge Nap: Whitaker Not 'Legally Qualified' to Be Acting Attorney General
Trump chose Whitaker to replace Sessions.
Fox News Insider
Judge Andrew Napolitano on Fox & Friends
November 8, 2018 at 12:04 p.m.
Fox News senior judicial analyst Judge Andrew Napolitano appeared on "Fox & Friends" Thursday to explain why President Trump's pick for acting attorney general after Jeff Sessions' resignation is professionally but not legally qualified for the role.
Following Sessions' abrupt resignation on Wednesday, President Trump tweeted that Matthew Whitaker, chief of staff to Sessions, will become the acting attorney general.
Whitaker, according to sources, is now overseeing everything at the Justice Department, including the Russia investigation -- despite calls from Democrats to recuse himself. Trump said a permanent replacement will be nominated at a later date.
Napolitano said Whitaker, however, is not legally qualified for the role of acting attorney general because of "very precise laws" written by Congress in the wake of the Watergate scandal.
He said there are only three ways someone can become acting attorney general: if they are the deputy attorney general and the president signs an executive order to make them acting attorney general, if they are already at the Justice Department in a job that both required and received Senate confirmation or if the Senate in in recess, they can be a recess appointment.
He said none of those apply in this case, as Whitaker is not deputy attorney general, he did not receive Senate confirmation for his current role at the DOJ and the Senate is not in recess.
"So with deference and respect to what the president's trying to do -- he has every right to want whoever he wants to run the Justice Department -- he has chosen someone who does not qualify under the law to be the acting attorney general of the United States," Napolitano said.
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Judge Nap is wrong. This is a vacancy appointment as AG Sessions RESIGNED. There had previously been questions about whether the President could just fill the position if he FIRED Sessions.
5 U.S.C. §3345, Acting officer
§3345. Acting officer(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
Michael Whittaker had been AG Sessions' Chief of Staff since September 22, 2017.
The starting level for GS-15 is $134,789.00 per year.
https://www.justice.gov/legal-careers/attorney-salaries-promotions-and-benefits
Experienced Attorneys: Starting salaries for experienced attorneys are set at the discretion of the hiring office and are based on a combination of factors including the type of work required by the position and the candidate’s level of experience and years out of law school. The salary range for a particular attorney position is listed in the vacancy announcement for that position.
#2. To: nolu chan, Fired, LBJ, Watergate, Nixon, Rule of Law, Not a Crook? (#1)
Judge Nap: Whitaker Not 'Legally Qualified' to Be Acting Attorney General
#3. To: nolu chan (#1)
Judge Nap is wrong. This is a vacancy appointment as AG Sessions RESIGNED.
Baloney.... it was INVOLUNTARY:
At your request, I am submitting my resignation.
In other words, he was TOLD to "resign"...
And anybody with half a brain knows this actually means that he was FIRED...
#4. To: Willie Green (#3)
Baloney.... it was INVOLUNTARY:
If one is REQUESTED to do something, has the ability to refuse, and does it anyway, that is NOT INVOLUNTARY.
A RESIGNATION does not spin into a FIRING.
#5. To: Willie Green (#3)
Sessions NEVER did anything his BOSS asked him to... he’s an insubordinate little asshole... that finally did one thing as asked... he resigned.
I'm the infidel... Allah warned you about. كافر المسلح
#6. To: Willie Green (#3)
Whitaker is going to take his boot and crush you commies skulls. Like dopers boot on the head.
#7. To: A K A Stone (#6)
Whitaker is going to take his boot and crush you commies skulls. Like dopers boot on the head.
“Truth is treason in the empire of lies.” - Ron Paul
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#8. To: Deckard (#7) (Edited)
Keeping you from sucking Willie the socialist potato dick, is Orwellian?
I'm the infidel... Allah warned you about. كافر المسلح
#9. To: GrandIsland (#8)
“Truth is treason in the empire of lies.” - Ron Paul
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#10. To: A K A Stone, Willie Green, Deckard, Donnells lawyer (#6)
Might as well go full retard and appoint America's Mayor, the Iranian Student, Ruby
#11. To: A K A Stone (#6)
Whitaker
Whitaker is a dumbass fraud who'll wind up as Trump's sacrificial scapegoat (I'll be laughing my ass off as Rudy Giulliani stabs him in the back) Whitaker will wind up behind bars longer than John Mitchell...
#12. To: Willie Green (#11)
Whitaker is coming for the abortionists.
He is coming for anyone that voted for democrats because they are murderers by definition.
Definition Democrat- A murderer of innocent children. A person who is attracted to someone of their same sex. A thief that wants to live off of someone else's labor. An anti christian bigot who hates God and morals. Someone who cuts off or has someone cut off their penis because they are mentally ill and do not know their sex.
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