Are we supposed to believe that Donald Trump did not know his appointment was "unconstitutional"?

[kentuck]

Or that his new acting Attorney General did not know that he was being appointed "illegally"?

I suppose the Constitution and rules are made for other people?

Some talking head made the point yesterday that the Constitution was like the tax code to Donald Trump - there was always a loophole.

[safeinOhio]

1. When you think you are king

You can grab em by anything you want.

[BSdetect]

2. He just makes crap up to keep his profile in the media's focus.

[empedocles]

3. From a 'gangster perspective', trump may have felt

the need to immediately show 'strong, decisive action'. Put a loyalty pledger in place, who would do what he is ordered to do without question. May work out, but importantly, limited risk to trump himself.

[A gangster may have a different perspective on 'the law.' May stop for traffic lights. No sense to inviting unnecessary trouble. But, not worried much about 'the law' in general].

[onenote]

4. The only statement from the Supreme Court suggesting that the Vacancies Act is unconstitutional

came from Clarence Thomas in a concurring opinion no other Justice supported.

I don't think anyone "knows" whether the appointment is unconstitutional. There are arguments on both sides of the issue.

[kentuck]

5. The law seems rather clear.

https://www.law.cornell.edu/uscode/text/28/503

[onenote]

7. The Vacancies Act:

5 USC 3345

(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.

[kentuck]

10. Yep.

"(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346; "

[onenote]

14. That is one of three options given to the president under the act.

Whitaker was appointed under the third option.

Moreover, the term "first assistant to the office" is not defined in the statute and thus there is no statutory requirement that the first assistant be someone who was subject to senate confirmation.

Consider what happens when a new administration takes over. Over a thousand positions filled via the presidential appointment and senate confirmation route become open. It would be a terrible result if a new president was compelled to keep on officials appointed by his or her predecessor in order to keep the government operating. That is one reason why the law provides as an option the naming of a career civil servant to temporarily fill a vacancy.

To give a concrete example: when a Democrat gets elected in 2020, do you think the new president will have to keep in place either the attorney general or some other official nominated by Trump and confirmed by the Senate as the acting AG? What if, after losing the election in 2020, but before inauguration day, the deputy AG steps down and Trump names as the temporary deputy AG Ben Carson (who is a senate confirmed official). If the new president requests the resignation of both the AG and Carson, as well as every other Trump appointed and senate confirmed official, who runs the DOJ? Who runs any of the departments of government?

The argument that only a Senate confirmed individual can be named as a temporary replacement to fill a vacancy in another senate confirmed office would produce gridlock or the frustration of the new president's agenda.

[kentuck]

15. On closer read, I think you are correct.

3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—

[duforsure]

6. He's testing the system

So he then can apply it in many area's to use to bypass the Senate with. HE's trying to undermine the system for his own political purposes to use for self protections from corruption , and crimes he's involved in. He wants absolute power , and a Department of Trump Justice , where he decides who is a criminal, or to be the judge, jury, and executioner of everyone.

[kentuck]

8. I think you may be right.

He's testing the limits of his power.

[WhiteTara]

9. He knew and doesn't care.

[CousinIT]

11. BINGO. His attitude (as taught him by his criminal father):

Do whatever you want, regardless of laws, ethics or constitutions. If they can stop you, MAKE them do it. Mostly, they won't, and they can't. When you're caught: blame someone else, feign innocence, and/or just smirk.

[atreides1]

12. This isn't about his father, anymore!!!

This kind of attitude is coming from his adviser, Stephen Miller!

Has anyone seen Miller in a non-political public setting, since he got hounded out of that Mexican eatery in D.C.?

Miller is advising him to test the limits of his power, because Miller knows what Trump has on the Republican leadership!!!


This is all Miller...the real power behind the throne!!!

[smirkymonkey]

18. This is his credo.

These are the beliefs that guide his every thought and action. This is why we need to get rid of him as soon as possible. He will never play by the rules or abide by the law. He will completely destroy our democracy if we let him.

[Bettie]

13. Given his apparent lack of mental capacity

I'd say that even if people sat him down and explained it to him, it would be like trying to teach calculus to a rabid squirrel.

[fishwax]

16. I can easily believe he doesn't know shit about the constitution

I also don't think he cares, and wouldn't bother to learn because he doesn't think it should matter. He just wants to try a bunch of shit and see what he can get away with.

[Proud Liberal Dem]

17. Yes to both

Totally believable

[JHB]

19. With Trump? And the ass-kissing henchman? Yeah, ignorance and incompetence is...

...completely believable. As will be his inevitable attempt to simply brazen it out and try to get everyone else to acquiesce to what he declared.

[Crutchez_CuiBono]

20. Ken, I think he just does what he GD wants and so far thats worked out fine for him.

So far we have paid him 312 million to GOLF at his hotels, and that doesnt include the haul at the hotel in DC. He's 'earned' more money to pay down his russian 'vig' in two years than he has in the last 20 I'd surmise. Not to mention vig write offs for destroying American routines that pissed of his majesty putin. (like the korean war games etc.)

[Mr.Bill]

21. Trump is a functional illiterate who cannot comprehend the US Constitution.

He listens to advice from no one, and even if he did, anyone in the White House with any legal competence quit a long time ago.

[INdemo]

22. Normally every Senator would be screaming that its Unconstituional

but because Republicans want this Russian investigations stopped for fear that it will find that Senators like McConnell and Graham benefited by Russian money?