Senate Democrats weigh lawsuit over Trump's appointment of Whitaker

[turbinetree]

Source: Reuters

NOVEMBER 9, 2018 / 9:33 AM / UPDATED 14 MINUTES AGO

Senate Democrats weigh lawsuit over Trump's appointment of Whitaker
David Morgan, Jonathan Landay

WASHINGTON (Reuters) - U.S. Senate Democrats are considering legal action over President Donald Trump’s appointment of a new acting attorney general, congressional sources said on Friday, as some outside experts called Trump’s move unconstitutional.

Trump on Wednesday named Matthew Whitaker to replace former Attorney General Jeff Sessions, who was forced out after months of being attacked by Trump for recusing himself from an ongoing probe of Russian meddling in the 2016 presidential election.

The move made Whitaker supervisor of the investigation, which has hung over Trump’s presidency. Whitaker has criticized the probe in the past as too wide-ranging, a view that raised concerns among Democrats that Sessions’ ouster and Whitaker’s appointment might be a precursor to Trump moving to end it.

Senate Democrats were pondering suing Trump, the sources said, on the grounds that, in naming Whitaker, the president ignored a statutory line of succession at the Justice Department and deprived senators of their constitutional “advice and consent” role on some presidential appointments.



Read more: https://www.reuters.com/article/us-usa-trump-russia/senate-democrats-weigh-lawsuit-over-trumps-appointment-of-whitaker-idUSKCN1NE1QJ?il=0

[louis c]

1. Of course, any sitting Senator has standing to to have this unconstitutional action adjudicated (NT)

The appointment violates their right to advise and consent.

I don't even think that the Temporary Appointments Bullshit Act (TABA) is constitutional as it stands. A Senator may feel that the Secretary of Commerce is qualified for his or her position and vote to confirm, but find that individual unqualified to be Attorney General.

But in Whittaker's case, he doesn't even qualify under TABA.

[INdemo]

2. Go for it ..but we know what that

Fascist McConnell and Graham will say.".here we go with that Presidential harassment"

[RainCaster]

3. Those GOP bastards better be careful...

If they find the loss of "consent and advise" is acceptable now, then they will howl after 2020. They need to think about that.

[Permanut]

4. So they're weighing and pondering..

If that doesn't work they can take more drastic action - like sending a strongly worded letter.

[BumRushDaShow]

8. Just suggested on Chris Hayes that State AGs might do it. nt.

[red dog 1]

5. K&R

[PoliticAverse]

6. Be sure to post when they actually do something (legally). n/t

[elmac]

7. hmmm