Is it possibly against the law for trump appoint this particular person

[Iwasthere]

“Under the law, the person running the Department of Justice must have been approved by the United States Senate for some previous position. Even on an interim post,” Napolitano.

[dlk]

1. When Has Breaking the Law Ever Stopped Trump?

He just barges ahead.

[marylandblue]

2. It's a recess appointment under the Constitution

It's not under the Vacancies Act.

[unblock]

3. the senate is not in recess for the required 10 days.

[marylandblue]

4. Hey, You are right, they are in pro forma session.

[unblock]

5. i wonder what the process is here.

i'm guessing if mcturtle doesn't object there's not much anyone can do.

i'd imagine the supreme court is likely to say it's up to the senate to say what constitutes a "recess".

[marylandblue]

8. This was decided already, under Obama, I think

Court ruled pro forma sessions count.

But now I am reading that since Sessions resigned, Vacancies Act doesn't apply and Trump can appoint anyone. I think. I am confused now.

[unblock]

9. not sure why resigning would be any different from any other way a vacancy came about....

[marylandblue]

10. I don't know either, but I know it's different somehow

May be subject to a court challenge.

[octoberlib]

6. Yes, Perez of the DNC , who was also a Deputy Attorney General

also said on MSNBC it's against the law to appoint an interim who hasn't been confirmed by the Senate in some capacity, like in another position.

[malaise]

7. Itmisnwhy Sessions wrote

At Your Request.
The appointment is illegal