Tribe: Vacancy Reform Act bars Trump installing Whitaker as acting AG unless Sessions truly resigned

[highplainsdem]

Link to tweet

The Vacancy Reform Act bars Trump’s installation of the unconfirmed Matt Whitaker to act as attorney general to control Robert Mueller unless Sessions truly “resigned” rather than being fired. A federal district court could be asked to see through the ruse and hold he was fired.

[Buckeyeblue]

1. Do you suppose Sessions knew that...

And as his parting gift to 45, he started his letter of resignation with the reference that he was resigning as Trump requested? Wouldn't that be rich???

[dawg day]

2. Sessions did it deliberately, I'm sure

Also, weirdly, it was undated.

[highplainsdem]

3. Agree. Sessions made it clear he was actually being fired.

[marylandblue]

4. So why didn't Trump just fire him?

Resigning "as requested" is still resigning.

[highplainsdem]

5. kick

[TomSlick]

6. I'm not so foolish as to parse words with Prof. Tribe - but -

isn't the real problem the fact that the the AG's Chief of State isn't a Senate confirmed position? Since Whitaker was not Senate confirmed, the Vacancy Reform Act cannot be the basis for his appointment.

I am really at a loss to know the legal basis for the appointment. There is a specific line of succession statute for DoJ and the AG's Chief of Staff does not appear in that line. The Vacancy Reform Act can't be the legal basis. I don't think the Senate has been in recess for ten days. If that is correct this can't be a recess appointment.

This isn't my area of law but I sincerely do not understand.

[Recursion]

7. Unfortunately nobody has standing to sue

That's the downside of a lot of laws like this. The courts can't actually enforce them.

[rzemanfl]

8. Wouldn't Mueller if Whitaker tried to fire him or interfere? n/t