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Chuck Grassley's slam of OLC chief rankles some (legality of Obama's recess appointments)

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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-27-12 09:25 PM
Original message
Chuck Grassley's slam of OLC chief rankles some (legality of Obama's recess appointments)
Source: Politico

Chuck Grassley's slam of OLC chief rankles some
By JOSH GERSTEIN | 1/24/12 5:24 PM EST

<snip>

Grassley said in a Senate floor speech Monday that Office of Legal Counsel chief Virginia Seitz "actively became a lackey for the administration" when she issued a legal opinion earlier this month finding that President Barack Obama had the right to make recess appointments despite the fact that the Senate held pro forma sessions every few days during the recent holiday break.

"She wrote a poorly reasoned opinion that placed loyalty to the President over loyalty to the rule of law," Grassley said. He didn't mince words, calling Seitz's conclusions "incredible," "preposterous," "wholly erroneous" and "entirely unconvincing."

"I gave the President and Ms. Seitz the benefit of the doubt in voting to confirm her nomination," Grassley said. "However, after reading this misguided and dangerous legal opinion, I'm sorry the Senate confirmed her. It's likely to be the last confirmation she ever experiences."

Some prominent lawyers in previous administrations, including two Republicans, took issue with Grassley's statements and his warning that Seitzwith a single legal opinionhad essentially black-balled herself from other top government posts.

"The Senators name-calling is misplaced," said Jack Goldsmith, who served as head of the Office of Legal Counsel during President George W. Bush's administration. "The legality of the Obama recess appointments is, as the Seitz opinion acknowledged, a close question. But much of Seitzs opinion followed long-settled executive branch legal precedent, and when she encountered novel issues, she addressed them honestly in a reasoned analysis that she published for the world to see and criticize."

Read more: http://www.politico.com/blogs/under-the-radar /



Full text of Grassley's critique of the legal opinion.

http://www.grassley.senate.gov/news/Article.cfm?custome...


I don't know what to say about lawyers from Bush's administration approving of Seitz's legal opinion, do Yoo, Judge Bybee?
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Sal Minella Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-30-12 05:41 PM
Response to Original message
1. Like those silly two-second sessions in the Senate ARE following
the law? The pubbies are just ticked off that their juvenile tactic didn't work.
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-01-12 05:59 AM
Response to Reply #1
2. If Grassley believes the recess appointments are illegal, he can sue.
The Constitution does say something about recess appointments, so the SCOTUS can settle it.
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classysassy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Feb-12-12 09:38 PM
Response to Original message
3. Another senior citizen who has over stayed
his usefulness some would say old Chuckie was never useful.
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No Elephants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-13-12 05:45 AM
Response to Reply #3
4. It's not about age. Justice Douglas did more good on the Supreme court when
he was literally senile than Scalia did on his best day on the bench(whenever that day was).
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