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sharedvalues

(6,916 posts)
Sun Jul 30, 2017, 07:08 PM Jul 2017

If Sessions leaves, who can replace him? Three scenarios (Vladeck, justsecurity.org)

There has been some discussion about what happens if Sessions is fired or resigns. I believe this is the most definitive article on the options, from Steve Vladeck at Just Security.org.

https://www.justsecurity.org/43477/sessions-succession-scenarios/

Scenario I: The DOJ Succession Statute and Executive Order
(Short story: Rosenstein, then -ugh- Rachel "GOP/Federalist partisan" Brand)


Scenario II: The Federal Vacancies Reform Act of 1998
The upside of the Vacancies Reform Act-route is obvious: President Trump could name someone much more sympathetic to his views to serve as Acting Attorney General.
...
...there would at least be the prospect of a legal dispute.
...
In other words, the Vacancies Reform Act route, even if it’s available in a case in which the previous Attorney General has been fired, is only a short-term solution.


Scenario III: The Recess Appointment Elephant in the Room
So if the Senate recesses for 10 days or more in August (which currently appears at least a decent likelihood), President Trump could simply recess appoint whoever he wants to serve as Attorney General until the end of the next Senate session (i.e., January 3, 2019).
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If Sessions leaves, who can replace him? Three scenarios (Vladeck, justsecurity.org) (Original Post) sharedvalues Jul 2017 OP
Double move, recess appoint to move Sessions to Homeland security and a new AG 4139 Jul 2017 #1
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