Defense Attorney Files Motion Challenging Gonzales' FIRING Of US Attorneys

[kpete]

Defense Attorney Challenges Replacement of U.S. Attorneys
By Jeralyn, Section Crime Policy
Posted on Tue Jan 23, 2007

Kudos to TalkLeft contributer Last Night in Little Rock (aka John Wesley Hall of Little Rock, AR) for filing a motion challenging Alberto Gonzales' firing of U.S. Attorneys across the country and replacing them with political "appointees" who do not have to be confirmed by the Senate.

Hall was appointed by the court to represent a death penalty defendant last week and filed this motion (pdf) http://www.talkleft.com/docs/USAtty.motion.filed.pdf today. He argues that the "appointment" of U.S. Attorney Tim Griffin violates Art. II of the Constitution and Sec. 541 of Title 28 of the U.S. Code.

......................

So far, seven U.S. Attorneys around the country have been fired and replaced by political appointees without confirmation by the Senate. The requirement was abolished by a provision in the Patriot Act that allows recess appointments.

more at:
http://www.talkleft.com/story/2007/1/23/195650/683

[ChairmanAgnostic]

1. makes a lot of sense. I much prefer an opponent who is talented.

I end up with a better result for MY CLIENT, regardless of the kind of case.

It is when you have a hack as opposing counsel that things go to hell.

[The Backlash Cometh]

2. This one will get the record for a recommended thread.

[brer cat]

12. One can hope, but

with the SOTU on tonight...not likely.

k&r

[troubleinwinter]

14. I can only do my part.

[DemReadingDU]

3. K&R

[williesgirl]

4. K&R - if this doesn't work, Congress must repeal that provision.

[jaysunb]

5. They should repeal it anyway..

n/t

[babylonsister]

6. That's a BIGGIE. Thanks, kpete. K&N. nt

[Morgana LaFey]

7. Wonderful. GOD I hope they prevail. nt

[annabanana]

8. Absolutely essential to get the country back on track...

We have to make them stop gaming the refs...

[bleever]

9. K and freaking R!

:thumbsup:

[Coexist]

10. knr

[SeattleGirl]

11. I'm so glad that someone is fighting back!

That whole thing just makes me sick. I hope they win!

[Imagevision]

13. Gonazalez needs a smack-down as does Rice...

[Pastiche423]

15. No

They both need to be impeached.

[sonias]

16. Kudos to John Wesley Hall!

May the force of the law be with him. At the very least maybe this case and the talk it generates will keep these actions by Chief Constitution Violator aka the current US Attorney General.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

I thought that particular paragraph was very telling. That comes from the TalkLeft article link above. It sounds like Mr. Abuseo Gonzales has to have both the president and Senates advice and consent. The Senate should absolutely call Abuseo on this.

Sonia

[KoKo]

17. Good news...Was hoping someone would challenge this and

I hope he gets additional help. The MSM isn't even on this and it should be top news... In another time it would have been. Just think if Clinton or Carter's Attorney General fired US prosecuters he didn't agree with. :eyes:

[mzmolly]

18. It'll take the MSM about six years to catch up to DU.

That seems to be their time curve? ;)

[glitch]

20. And then their pundits will say "That's old news" and move quickly on. nt

[Mrspeeker]

19. and so on................

Well Bush has appointed everyone everywhere and thats been his big step to success. Of course he is running out of defense and oil back rubbers and reach around artists so hes looking for some good old Americans. Bush was also appointed president in 2000 by the Supreme court which was appointed by presidents!

You know what I'm just so glad to be a part of the working democracy LOL

[Robbien]

21. Glad to hear

hope this slows Gonzalez down a bit.

[Tigress DEM]

22. This is OUTRAGEOUS!

Is there ANY part of our civil liberties that this administration WON'T PISS on?

[Chimichurri]

23. Awesome. What they've done is a travesty and I'm glad others think so too.

[crickets]

24. Good news! K&R nt