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Showing posts with label nomination. Show all posts
Showing posts with label nomination. Show all posts

Tuesday, August 1, 2017

Could Trump replace Jeff Sessions in a recess appointment?

President Donald Trump sounds like he’s intent on forcing out his “beleaguered” attorney general, Jeff Sessions, either by firing him or demeaning him until he quits. Firing Sessions might get rid of one of the president’s problems, but it could create a whole host of others.

Most urgently, firing Sessions could sever Trump’s relationship with Republicans in Congress – you know, the same Republicans he needs to approve his nominees (in the Senate) or pass bills he can sign into law (both the Senate and House).

“If Jeff Sessions is fired,” Sen. Lindsey O. Graham, R-S.C., told reporters, “there will be holy hell to pay.”

The Washington Post’s White House team reports that if Sessions is out soon, Trump is discussing going over indignant Republicans in the Senate and bringing on a new attorney general while the Senate is on break this August.

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Donald J. Trump ✔ @realDonaldTrump
Why didn't A.G. Sessions replace Acting FBI Director Andrew McCabe, a Comey friend who was in charge of Clinton investigation but got....
6:48 AM - Jul 26, 2017
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It could happen. But it could also backfire bigly. And since Republicans control a majority of Congress, when they’re upset at the president, there’s a lot they can do to stop him – including preventing a new attorney general from taking office.

Let me explain.

Yes, Trump has the authority for a recess appointment
There’s actually a “Recess Clause” in the Constitution (Article II Sec. 2) that reads: “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

Presidents have used it for everything from relatively obscure labor boards to filling seats on the Supreme Court. In 1956, President Dwight D. Eisenhower used that authority to appoint William Brennan to the Supreme Court less than a month before the presidential election. A few years before that, he had appointed Chief Justice Earl Warren to the court when the Senate was in recess. In both cases, the Senate later confirmed those justices.

But the courts have made it more difficult
Recess appointments can backfire, legally. In 2014, the Supreme Court overturned President Barack Obama’s three recess appointments to the National Labor Relations Board, arguing that the president overstepped his constitutional authority.

The Senate can make recess appointments nearly impossible.
When it overruled Obama, the Supreme Court also gave the Senate a wide latitude to decide when it considers itself to be in recess and when it’s out. Today, a recess has to last at least 10 days before the president can legally make an appointment.

The court also okayed a loophole the Senate can use to leave town but still block a president from having free rein.

The Senate can go into “pro forma” sessions, which exist almost entirely to prevent a president from making recess appointments. In a pro forma session, the Senate can gavel into Congress – with no legislative business being conducted – and claim it has been in session. “The whole thing takes 20 seconds,” said Cornell Law professor Josh Chafetz. The Senate could theoretically gavel in/gavel out the whole time it’s gone in August.

It’s up to Republicans to decide if they want to hold the line against Trump.
If our hypothetical scenario becomes reality, this is where things get really interesting. You need a majority of the Senate to decide to go into a pro forma session. Republicans have the majority. So if Republicans decide to set up pro forma session when they go out of town in August, they’d basically be sticking it to Trump, saying they don’t trust the president not to do something ill-advised like fire his attorney general after complaining about said attorney general’s recusal from an investigation into Trump’s campaign.

Trump has one other legal avenue.
If Trump is itching to fire Sessions, Congress be damned, he could simply skip an appointment for good and just name an acting attorney general under the 1998 Federal Vacancies Reform Act. The end result is the same: One official out, another one in.

But, Chafetz notes, the president could only appoint people who have already been confirmed by the Senate for another job, and that’s a historically thin list. Plus, there’s legal uncertainty on whether the president can use this tool if he fires someone.

“It says death, resignation or unable to perform the duties of the office,” Chafetz said. “And there’s an argument that ‘firing’ is left out of that deliberately….”

Checks and balances can be a bother.

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Pat Ward ✔ @WardDPatrick
AG Jeff Sessions to @TuckerCarlson on President Trump's criticism of him: "it’s kind of hurtful". Full intv 8pm @FoxNews
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Friday, November 18, 2016

Tell your Senators to oppose the nomination of Jeff Sessions as Attorney General

From the Drug Policy Alliance:

This was our worst nightmare.

Donald Trump has picked Jeff Sessions to be the next Attorney General.

It really couldn’t get any worse.

Over these last four years we’ve made great gains across the political spectrum toward treating drug use as a health issue, not a criminal one. Jeff Sessions will try to dismantle all that.

Jeff Sessions is a drug war extremist. There’s really no way around that.

As a U.S. Senator from Alabama, Sessions called for increased federal marijuana enforcement, and said “good people don’t smoke marijuana.” He once joked that his only issue with the Ku Klux Klan was their drug use. He was even denied a federal judgeship 30 years ago, by a Republican-controlled Senate, for racist views.

Get ready for raids on marijuana businesses. Get ready for militarized, Reagan-era drug war tactics.

We can’t let this stand.

The Drug Policy Alliance and our allies will fight Jeff Sessions’ nomination in the Senate tooth and nail. He won’t be nominated until Donald Trump takes office and the new Congress is in session. But with only six new Senators taking office, we must start fighting now.

Tell your Senators to oppose Jeff Sessions for Attorney General.

This nomination makes it clear that the new administration will be an enemy of drug policy reform, and we’ll be fighting to defend our hard fought victories for the next four years.

You can help us fight any and all attempts to expand the drug war by becoming a sustaining member today. We’re going to need all the help we can get over these next four years, and just $10 a month will go a long way.

We will fight to preserve everything we’ve gained, and we’ll never stop advocating for drug laws grounded in science, compassion, health and human rights.

Sunday, November 6, 2016

Rainbow mafia wants to ram through Merrick Garland's SCOTUS nomination

From Public Advocate:

I have terrible news to report.

The radical Homosexual Lobby is preparing to launch a massive blitz during the lame duck session to confirm their hand-picked Supreme Court Justice, Merrick Garland.

And, unfortunately, many weak-kneed Senators are ready to concede the fight -- even before the next President takes office.

In fact, many of them are already dropping like flies.

Sen. Mark Kirk and Sen. Susan Collins both immediately backed Garland.

While others, like Sen. Jerry Moran, have changed their position almost weekly.

This shows how contested the battle for the U.S. Supreme Court is, and why every signed petition matters!

And with just days remaining before the elections, Senators facing re-election are more vulnerable to constituent input.

That's why it's crucial you sign your "Hold the Line" petition to your U.S. Senators right away.

If you've already signed, please forward this email to every like-minded friend and family member and consider chipping in $10 or $25 right away.

You see, I predicted any nomination by Obama to the U.S. Supreme Court would be first approved by the radical Homosexual Lobby.

And as Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, Garland has already voted to destroy Religious Liberty.

In the case, Priests for Life v. United States Department of Health and Human Services, Garland voted to force Priests for Life to comply with the ObamaCare "morning after pill" mandate against their deeply-held religious beliefs.

It's clear pro-Family Americans can't count on Garland to defend Religious Liberty.

That's why it's important the Senate refuses to confirm his nomination to the U.S. Supreme Court.

You can be sure Obama and the radical Homosexual Lobby will be bringing the hammer down during the lame duck session over the holiday season.

As most Americans are focused on time with their families -- rightfully so -- it's also when the Homosexual Lobby is at its strongest.

That's why it's crucial I fight back by delivering a mountain-high stack of petitions opposing Obama's radical pick.

If Public Advocate is unable to deliver thousands of petitions, I'm afraid the Homosexual Lobby's entire radical Agenda may be forced into law by judicial activism.

That's why I hope you'll forward this email to everyone you know and chip in $10 or $25 right away so I can immediately collect petitions from like-minded Americans.

Thank you for all that you do.

For the Family,

HON. EUGENE DELGAUDIO
President, Public Advocate of the U.S.

P.S. The radical Homosexual Lobby is scheming to pressure the U.S. Senate into confirming Obama's radical pick for the U.S. Supreme Court, Merrick Garland, during the upcoming lame duck session.

It's up to you and me to respond immediately by delivering thousands of petitions from pro-Family Americans.

Please click here to sign your "Hold the Line" petition to Senate Majority Leader Mitch McConnell and your U.S. Senators right away.

If you've already signed, please forward this email to friends and family members and consider chipping in $10 or $25 right away so I can immediately collect petitions from like-minded Americans.

Thursday, April 28, 2016

Help fight Garland's bid for the Supreme Court

From The National Right To Work Committee:

Barack Obama is plotting to cripple the fight to protect worker freedom by installing Merrick Garland, a Big Labor approved justice on the Supreme Court.

And to make matters worse, as many as 16 Republicans may be wavering on their commitment to block Garland's nomination by agreeing to meet with Obama's nominee.

The consequences of Republicans folding on their pledge to block Garland's nomination would be disastrous.

A recent 4-4 split vote in the Friedrichs case left a lower court ruling in place upholding forced-union dues.

The California teachers fighting to be free from the clutches of union bosses and their forced dues scheme petitioned the Court to rehear their case.

Observers believe the Supreme Court could take up the case again as soon as next year.

But if Republicans wilt under Big Labor's pressure campaign, Garland is very likely to vote with the Court's four liberal justices to deliver a gut-punch to the worker freedom movement.

That's why I'm asking for your immediate help.

Your National Right to Work Committee has launched a "Stop the Obama Takeover" Banner Bomb to raise $30,000 by May 1st to blanket the states of wavering Senators with ads urging them to live up to their word and block Garland's nomination.

A 5-4 ruling in favor of forced-dues is not even the worst decision that a Big-Labor dominated Supreme Court could hand down.

Recently, liberal law professors bragged that a pro Big Labor Supreme Court majority could rule Right to Work itself as unconstitutional.

And now, one Wisconsin judge just handed the nation a peek at the future of Right to Work if Barack Obama gets his way and installs a pro-Big Labor nominee on the Supreme Court.

The judge's ruling struck down the state's Right to Work law by agreeing with Big Labor's lawyers that the state of Wisconsin cannot protect employees from union bosses who threaten to have them fired for refusing to pay dues or fees to a union they don't support.

If Barack Obama's union label nominee, Merrick Garland, is confirmed to the Supreme Court, I'm afraid his record proves he could very well cast the deciding vote to eliminate Right to Work laws across the country.

His 20 year record on the D.C. Court of Appeals reveals his Big Labor bias.

In fact, in two cases he sided against workers represented by the National Right to Work Legal Defense Foundation.

He even voted to gut the Supreme Court's decision in the Beck case, which allows workers to opt-out of paying the portion of their dues that funds union politics.

And AFL-CIO President Richard Trumka heaped praise upon Garland and called his pro-Big Labor credentials "impeccable."

That's why I was so disturbed by the news some Republicans might be faltering on their commitment to block Garland's nomination.

So I'm asking you to chip in a contribution to the "Stop the Obama Takeover" Banner Bomb right away.

Your generous support will help your National Right to Work Committee launch a targeted online advertising campaign in states like Arkansas, Iowa, Maine, New Hampshire and Ohio urging their senators to stand firm on their commitment to block Garland's nomination.

With the November elections around the corner, Big Labor is cranking up the pressure on Republicans in the Senate to confirm Garland.

And unless Right to Work supporters across America rise up in opposition, I'm afraid of what may happen.

The good news is, despite the union boss arm-twisting, at least one Republican responded to the grassroots uprising against Garland's nomination and reversed course on his intention to hold hearings on the Garland nomination.

I'm convinced you and I have a chance to hold the line against Garland's nomination.

But that is going to require a megaphone to compete with Big Labor.

That's why I'm asking you to chip in and support the "Stop the Obama Takeover" Banner Bomb.

Your contribution will allow your National Right to Work Committee to gin up grassroots pressure in targeted states by blanketing the Internet and social media with ads urging key Senators to hold the line against the Garland nomination.

This won't be easy -- or cheap.

That's why we have until May 1st to raise the $30,000 necessary to fund this crucial program.

So please chip in a contribution before the deadline and help your National Right to Work Committee fight back against Big Labor's court-packing scheme.

Sincerely,

Mark Mix
President, National Right to Work

P.S. Barack Obama is plotting to cripple the fight to protect worker freedom by installing Merrick Garland, a Big Labor approved Justice on the Supreme Court.

And to make matters worse, as many as 16 Republicans may be wavering on their commitment to block Garland's nomination by agreeing to meet with Obama's nominee.

So your National Right to Work Committee has launched a "Stop the Obama Takeover" Banner Bomb to raise $30,000 by May 1st to blanket the states of wavering senators with ads urging them to live up to their word and block Garland's nomination.

Please chip in a contribution before the May 1st deadline and help turn up the pressure on key senators to hold firm on their pledge to block the Garland nomination.

Tuesday, March 22, 2016

Supreme Court nominee Merrick Garland is pro rainbow mafia

From Public Advocate:

I have bad news.

I've found troubling information about President Obama's pick for U.S. Supreme Court Justice that could shred the right to Religious Liberty as we know it.

As I predicted, Merrick Garland is no friend of Religious Liberty.

You see, as Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, Garland already voted to destroy Religious Liberty.

In the case, Priests for Life v. United States Department of Health and Human Services, Garland voted to force Priests for Life to comply with the ObamaCare "morning after pill" mandate against their deeply-held religious belief.

It's clear pro-Family Americans can't count on Garland to defend Religious Liberty.

That's why it's important the Senate refuses to confirm his nomination to the U.S. Supreme Court.

If Garland is confirmed as a Supreme Court Justice, he will be voting on crucial cases regarding Religious Liberty over the next decade.

I've recently written you about the case, Stormans v. Wiesman where I filed Public Advocate's hard-hitting amicus brief defending Religious Liberty.

Garland could be the deciding vote on whether Christian-owned pharmacies will be forced to become complicit in abortions by requiring them to stock and sell abortion-inducing drugs -- including Plan B and ella.

If we lose this case, Christian pharmacies who do not comply may lose their licenses and be forced out of business.

This case could set a federal precedent against all business owners and charities who defend Real Marriage, as well.

Garland's nomination would be a disgrace to Justice Antonin Scalia's memory.

That's why it's crucial you sign your petition to Senate Majority Leader Mitch McConnell and your U.S. Senators right away.

If you already have, please forward this email to your friends and ask them to do the same.

I'm already seeing weak Republican Senators caving and calling on their pro-Family colleagues to vote to confirm Merrick Garland.

That's because the liberal media and radical Homosexual Lobby are calling Garland a "moderate."

But you and I both know that ANY nominee Obama chooses could never be considered a "moderate" by any reasonable consideration.

The liberal media is intentionally calling him a "moderate" only to deceive the public and politicians into supporting Obama's radical pick.

It pains me to think the next Justice could be the antithesis of Scalia.

With Religious Liberty hanging on by a thread, we can't risk having another liberal sitting on the U.S. Supreme Court.

So please, sign your "Hold the Line" petition to Senate Majority Leader Mitch McConnell and your U.S. senators.

After that, please forward this email to your friends and family and consider chipping in $10 or $25 right away.

For the Family,

HON. EUGENE DELGAUDIO
President, Public Advocate of the United States

P.S. The liberal media and homosexual lobby are trying to hide Supreme Court Justice nominee Merrick Garland's radical opposition to Religious Liberty.

It's up to you and me to bring his past record to light by alerting thousands of pro-Family Americans.

Please click here to sign your "Hold the Line" petition to Senate Majority Leader Mitch McConnell and your U.S. senators.

After that, please forward this email to your friends and family and consider chipping in $10 or $25 right away to help Public Advocate fuel the grassroots opposition to Obama's nominee.