Acting Attorney General is the subject of a new lawsuit brought in federal court by senators Richard Blumenthal, Sheldon Whitehouse and Mazie Hirono. These senators claim that the appointment of an acting Attorney General while the President is naming a nominee as Attorney General and the Senate is considering his or her confirmation is "unconstitutional" since the person acting has not been approved by the Senate. It's a sad lawsuit; it's one that does nothing but pander to the lunatic leftwing base of the Democrat party.
Let's start with the law. Under the Constitution, the principal officers of the USA (like the Attorney General) are nominated by the President and confirmed by the Senate. There are instances, however, for which confirmation is not required. For example, if the Senate recesses, the President can make a recess appointment which is immediately effective. There is also the problem of how to handle a vacancy that arises if someone leaves office. That is what happened here when Attorney General Jeff Sessions resigned.
Under the Vacancy Reform Act of 1998 (which, by the way was signed into law by Democrat Bill Clinton), the President can name as acting Attorney General any high level employee of the Justice Department who has worked for that Department for at least three months. Acting Attorney General Whitaker unarguably meets these criteria. That means that under the law, Whitaker's appointment is perfectly legal.
Blumenthal and the other two know-nothings argue, however, that the Vacancy Reform Act is unconstitutional. They argue that only someone confirmed by Congress can act as Attorney General. This is nonsensical. The Constitution does not mention recess appointments, but the Supreme Court has ruled repeatedly that they are allowed and discussed the parameters for which they are to be accepted. That means that there are obviously conditions under which a person not confirmed by the Senate can act as a cabinet officer. Since Congress passed a law describing in detail who, how and when a person can be acting Attorney General, the process is obviously proper.
In short, Blumenthal who pretends to be a legal scholar and the other two senators who joined in the lawsuit are just posturing for their base. There is no way that the suit can be successful.
Let's start with the law. Under the Constitution, the principal officers of the USA (like the Attorney General) are nominated by the President and confirmed by the Senate. There are instances, however, for which confirmation is not required. For example, if the Senate recesses, the President can make a recess appointment which is immediately effective. There is also the problem of how to handle a vacancy that arises if someone leaves office. That is what happened here when Attorney General Jeff Sessions resigned.
Under the Vacancy Reform Act of 1998 (which, by the way was signed into law by Democrat Bill Clinton), the President can name as acting Attorney General any high level employee of the Justice Department who has worked for that Department for at least three months. Acting Attorney General Whitaker unarguably meets these criteria. That means that under the law, Whitaker's appointment is perfectly legal.
Blumenthal and the other two know-nothings argue, however, that the Vacancy Reform Act is unconstitutional. They argue that only someone confirmed by Congress can act as Attorney General. This is nonsensical. The Constitution does not mention recess appointments, but the Supreme Court has ruled repeatedly that they are allowed and discussed the parameters for which they are to be accepted. That means that there are obviously conditions under which a person not confirmed by the Senate can act as a cabinet officer. Since Congress passed a law describing in detail who, how and when a person can be acting Attorney General, the process is obviously proper.
In short, Blumenthal who pretends to be a legal scholar and the other two senators who joined in the lawsuit are just posturing for their base. There is no way that the suit can be successful.
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