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Mon Nov 26, 2018, 06:29 PM

AG FERGUSON ISSUES STATEMENT AFTER JOINING BRIEF CHALLENGING WHITAKER'S AUTHORITY

Source: Press release

Attorney General Bob Ferguson issued the following statement today after joining an amicus — friend of the court — brief supporting the State of Maryland’s challenge to the constitutionality of Matthew Whitaker’s appointment as Acting U.S. Attorney General:

“Once again, President Trump is ignoring the law, this time by ‘appointing’ an illegitimate attorney general,” said Ferguson. “This must be challenged.”

The brief, signed by 14 other Attorneys General, supports Maryland’s request to block Whitaker from exercising the authority of the U.S. Attorney General’s office, or to substitute Deputy Attorney General Rod Rosenstein in his place. The Attorneys General point out that Whitaker’s appointment is “fraught with constitutional doubts.”

“The legal controversy surrounding Mr. Whitaker’s appointment has threatened the legitimacy of the Department’s actions and the vital relationship between the Department and the States,” the Attorneys General write. “The Amici States therefore have an urgent interest in a lawful resolution of this issue, so that no doubts surround the legitimacy and authority of the Office of the U.S. Attorney General.”

Read more: http://www.atg.wa.gov/news/news-releases/ag-ferguson-issues-statement-after-joining-brief-challenging-whitaker-s-authority

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Response to Gothmog (Original post)

Mon Nov 26, 2018, 06:30 PM

1. 15 state AGs just filed an amicus brief to block @realDonaldTrump's illegal appointment of Whitaker

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Response to Gothmog (Original post)

Mon Nov 26, 2018, 06:36 PM

2. AG Racine Leads 15-State Coalition Seeking to Block Illegal Appointment of Matthew Whitaker as Actin

I look forward to reading this amicus brief https://yubanet.com/usa/ag-racine-leads-15-state-coalition-seeking-to-block-illegal-appointment-of-matthew-whitaker-as-acting-attorney-general/

The amicus brief, filed Monday with the United States District Court for the District of Maryland, supports Maryland’s motion for a preliminary injunction in an ongoing lawsuit against the federal government regarding the Affordable Care Act. The motion seeks to stop Whitaker from exercising the authority of the U.S. Attorney General, or to substitute Deputy Attorney General Rod Rosenstein as a defendant in the suit. According to the brief, the states have concluded that Mr. Whitaker’s appointment is illegal, ignores long-established vacancy succession laws, and is in violation of Congress’s clear designation of the Deputy Attorney General as the Acting Attorney General.

The brief argues for a prompt resolution of the legal uncertainty surrounding Mr. Whitaker’s appointment because it leaves DOJ decisions open to legal challenge. This could cause the amici states significant harm, because the states rely on the legitimacy of DOJ actions. The U.S. Attorney General takes many actions that fundamentally affect the lives of District residents, and the Office of the Attorney General (OAG) for the District of Columbia works closely with DOJ on a daily basis. Therefore, the District and the other states joining the brief have a compelling interest in DOJ’s ability to work effectively and consistently under the rule of law.

In the brief, the attorneys general note that Congress has protected the Senate’s confirmation power by specifying that, in the event of a vacancy in the U.S. Attorney General’s office, the Senate-confirmed Deputy Attorney General, if available, temporarily assumes the position until a new appointee is confirmed. Since Congress first established DOJ in 1870, it has provided for a specific order of succession in the U.S. Attorney General’s office to maintain continuity of government. The appointment of Whitaker directly undermines Congress’ intent in creating this order of succession.

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Response to Gothmog (Original post)

Mon Nov 26, 2018, 06:41 PM

3. Who has the Authority to deny Trump this appointment?

the SCOTUS? they might.

the Senate? they won't.

it can't possibly be the House.

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Response to maxsolomon (Reply #3)

Mon Nov 26, 2018, 06:50 PM

4. Only the Senate can deny him this appointment...


...What the Courts can do is to deny him any authority over the JD until the Senate approves him.

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Response to Gothmog (Original post)

Mon Nov 26, 2018, 07:54 PM

5. God, I love these people !!! It is so reassuring when actual government officials stand up for the

 

rule of law

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Response to Gothmog (Original post)

Mon Nov 26, 2018, 08:27 PM

6. Love Ferguson!!

He has a good record of suits against the administration.

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Response to KT2000 (Reply #6)

Mon Nov 26, 2018, 08:59 PM

7. Agreed-he is a strong Attorney General

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