Gonzales bypasses Senate, appoints interim U.S. attorney.

[babylonsister]

IMPEACH his ass! :grr: :grr:

http://thinkprogress.org/2007/06/14/gonzales-bypasses-senate-appoints-interim-us-attorney/

Gonzales bypasses Senate, appoints interim U.S. attorney.

This morning, Sen. Patrick Leahy (D-VT) “revealed that Attorney General Alberto Gonzales once again used an interim appointment authority at the heart of the US Attorneys controversy that Congress banned in a bill sent to the President for signature on June 4.” In a statement to Raw Story, Leahy’s spokeswoman explained what happened:

“It just so happens the committee got notice yesterday, that on June 16, George Cardona’s 210 days as Acting U.S. Attorney in the Central District of California will have run out and the Attorney General will appoint him as an interim U.S. Attorney at that time. (i.e. still using the end-run authority because Bush has slow-walked signing the bill).”

Cardona replaced former U.S. attorney Debra Wong Yang, who at one point had been named for firing by Harriet Miers before resigning to join a corporate law firm.

[speedoo]

1. Yeah, impeachment is becoming more necessary every day.

Off the table, my ass.

[notadmblnd]

2. doesn't bush have a set number of days to sign or veto and then it becomes law?

[PA Democrat]

5. Yes, if he doesn't sign or veto within 10 days, it automatically becomes law

unless Congress adjourns before the 10 days is up, then it's a "pocket veto."

Explanation here:

A pocket veto is a legislative maneuver in American federal lawmaking, is a process of indirect rejection . The U.S. Constitution requires the President to sign or veto any legislation placed on his desk within ten days (not including Sundays) while Congress is in session. If he does not, then it becomes law by default.

The one exception to this rule is if Congress adjourns before the ten days are up and the President has not yet signed the bill. In such a case, the bill does not become law; it is effectively, if not actually, vetoed. If the President does sign the bill, then it does become law. Ignoring legislation, or "putting a bill in one's pocket" until Congress adjourns is thus called a pocket veto. Since Congress cannot vote while in adjournment, a pocket veto cannot be overridden.

http://en.wikipedia.org/wiki/Pocket_veto

[L. Coyote]

6. This is veto proof due to the vote. It becomes law, signed or not.

[PA Democrat]

8. Oh, you're right. Weren't there only one or two NO votes on this bill?

[TwilightGardener]

18. Yes--my Senator was one of the two "no" votes... (slinks away in shame)

[PA Democrat]

19. Don't feel bad. I used to have Rick "Man on Dog" Santorum.

What an embarrassment he was!

[TwilightGardener]

20. LOL! I'm originally from PA--I had "Man-On-Dog" as my Senator too!

Can't escape the embarrassment, I guess!

[Auntie Bush]

29. Remind me to never move to your state. Please keep us up to date

as to your where abouts. Please...I beg you...never move to VT!

[TwilightGardener]

30. Did I mention I also used to live in South Carolina, during Strom Thurmond's final Senate years?

I'm comin' for ya next, Vermont!

[Auntie Bush]

31. OMG ! A fate worse than death! Please, pretty please...don't do that

to Leahy and Sanders and the good people of Vermont who have the smarts to want to succeed from this crappy nation.

[Rosemary2205]

7. That bill didn't go to Bush MORE than 10 days ago??

Someone set me straight here as I've been off my feed for a few weeks, but I'm thinking that bill was sent to Bush several MONTHS ago. It should be law by now and actually I thought it was.

[blondeatlast]

9. Another thread says it was sent on June 4th, making this the 10th consecutive

day but no the 10th business day.

I'm unclear over which timeline applies here. Anyone?

[babylonsister]

14. The bill was sent on the 4th but no action has been taken by the dim one:

http://rawstory.com/news/2007/Gonzales_uses_Attorney_appointment_power_that_0614.html

snip//

On June 4, the Congress sent S. 214, the Preserving United States Attorney Independence Act of 2007, to President George W. Bush. The bill overturned a measure stealthily passed by the Republican-led Congress in 2006 that allowed the Attorney General to indefinitely appoint US Attorneys on an interim basis. Critics said the provision was intended to do an end-run around the standard Senate confirmation process for US Attorneys.

The bill passed the Senate by a 94-2 margin on March 20, and also cleared the House of Representatives by a 306-114 vote on May 22. The President has yet to sign or veto the bill.

[onenote]

25. It was signed today I believe. And I think Leahy is mistaken in calling this an end around

Under the revised law, Cardona could be named for a 120 day term and it appears that is what happened.

I'm not comfortable defending gonzo, but I don't want us to look foolish by not understanding the law as it now stands.

[TroglodyteScholar]

26. The way I read it, only Sundays are excepted...

...so that would make tomorrow (Friday) the last day of the 10-day period.

[JDPriestly]

3. I hope that Leahy calls this hapless attorney in to question

him as Congress would question an appointee. This attorney is foolish to take the job. He will face controversy and suspicion from day one.

[JDPriestly]

13. Pocket veto explained at Wikipedia

From the U.S. Constitution Article 1, Section 7: "...If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. "

Courts have never fully clarified when an adjournment by Congress would "prevent" the President from returning a vetoed bill. Some Presidents have interpreted the Constitution to restrict the pocket veto to the adjournment sine die of Congress at the end of the second session of the two-year Congressional term, while others interpreted it to allow intersession and intrasession pocket vetoes. In 1929, the United States Supreme Court ruled in the Pocket Veto Case that a bill had to be returned to the chamber while it is in session and capable of work. A three-day recess of the Senate was considered a short enough time that the Senate could still act with "reasonable promptitude" on the veto. However, a five-month adjournment would be a long enough period to enable a pocket veto. Within those constraints, there still exists some ambiguity; Presidents have been reluctant to pursue disputed pocket vetoes to the Supreme Court for fear of an adverse ruling that would serve as a precedent in future cases<1>

http://en.wikipedia.org/wiki/Pocket_veto

So the bill is not yet law

[pat_k]

4. . . .and Leahy refuses to call for the impeachment of the puppet masters why??

How many times do Bush and Cheney have to openly and blatantly do that which we explicit forbid in our Constitution and U.S. Code before he calls on the House to impeach?

Bush and Cheney are committing crimes that are so grave violatiors are subject to the penalty of death. Namely, war crimes under U.S. Code (Title 18 section 2441) and international law and the Anti-Terrorism Act (Title 18, Section 844 paragraph e. Bomb Threat -- "mushroom clouds in 45 min").

Leahy and his colleagues sound like blithering idiots when they describe the grave crimes committed by the outlaws in the WH, and then turn around and declare their refusal to take the ONLY rational step and impeach.

Blithering friggin' idiots.

It is any wonder that http://www.latimes.com/news/politics/la-na-pelosi12jun12,0,7184922.story?coll=la-home-center">approval of Congress is now the lowest in a decade?

[ORDagnabbit]

11. one party ruled by corporations.. ..... duh.....

[Rosa Luxemburg]

10. so why is Gonzales doing this?

he must know that he's an untouchable?

[catmandu57]

12. It's a great big fuck you isn't it?

Kind of like a bring it on statement, well the guantlet has been cast so I say it's time to bring it on.

[in_cog_ni_to]

16. Exactly right. He KNOWS he's not going anywhere. Congress sure as hell isn't doing anything

about him. He'll remain in office as long as the psycho wants him there.

[Supersedeas]

21. 'cause the Dimson gave him permission

[TahitiNut]

27. Because it pleasures the pResident, of course.

D'uh. :dunce:

[onenote]

28. because its actually consistent with the revised law

I hate defending him, but someone got this screwed up it seems to me. Appointing Cardona to a 120 day term is completely consistent with the new law, which chimpy signed today

http://www.whitehouse.gov/news/releases/2007/06/20070614-6.html

[in_cog_ni_to]

15. He'll never be impeached. He's above the law with the psycho-in-chief's blessing.

:grr:

[deminks]

17. Attorney General of the United States has no regard for the law.

He knows that Congress has changed this law, it is just that Smirky hasn't signed it yet.

As I live and breathe, I never expected this blatant disregard.

I strongly suspect, people, that this gang will not be leaving in 09. I have always suspected.

[eomer]

22. Not sure what to make of this.

If I am reading this summary on Thomas correctly then the bill eliminating the interim appointment thing was signed into law today:

S.214
Title: A bill to amend chapter 35 of title 28, United States Code, to preserve the independence of United States attorneys.
Sponsor: Sen Feinstein, Dianne (introduced 1/9/2007) Cosponsors (16)
Related Bills: H.R.580
Latest Major Action: 6/14/2007 Signed by President.

MAJOR ACTIONS:

1/9/2007 Introduced in Senate
2/12/2007 Committee on the Judiciary. Reported by Senator Leahy with an amendment. Without written report.
3/20/2007 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 94 - 2. Record Vote Number: 81.
5/22/2007 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 306 - 114 (Roll no. 397).
6/14/2007 Signed by President.

If the bill became law today then the AG can't make an interim appointment a couple of days from now as rumored in the OP story.

[progressoid]

23. Gosh, I never saw that coming.

[onenote]

24. Something here doesn't make sense -- not sure Leahy has this right

First, Cardona wasn't appointed under the now-discredited and repealed interim us attorney provision that was added as part of the Patriot Act reauthorization.

Rather Cardona was the first assistant and, pursuant to the Vacancy Reform Act of 1998, was elevated to the position of "acting us attorney" -- not the same thing as an "interim us atty".

Under the Vacancy Reform Act, Cardona could serve for 210 days, which apparently ends on June 16.


Its not completely clear what gonzo is doing. One possibility is that he is appointing Cardona as interim to fill the vacancy that will exist when his 210 day term as acting us ag expires. The revised law, which chimpy signed today, states that if someone was an interim us attorney on the day before the date of enactment (which was yesterday) can serve for another 120 days. However, that provision doesn't apply to Cardona because he was not an "interim us attorney", he was an acting us attorney appointed pursuant to a separate provision. In that case, he falls under the restored provision that became law today -- he can be appointed, but for only 120 days.

As best I can tell, in this case, gonzo's actions were consistent with the law as revised.

[proud patriot]

32. Criminal Outrage

:grr: