Dems Panic: Will Deep State - High-Ranking Dems Be Criminally Exposed By Trumps “Illegal” Appointment of Matthew Whitaker?
By: Dr. Jake Baker - TapWires News Service
I can’t decide whether the lawyers on TV who are writing op-ed pieces claiming that the firing of Jeff Sessions creates a constitutional crisis and that the appointment of Matthew Whitaker as acting Attorney General is illegal under Title 5 US Code 3345 are just stupid, or if they are intentionally lying to the American public … or both.
Let me begin by saying that I am not a lawyer. I am not a federal code scholar. But I did get enough education to learn to count past ten without taking off my shoes and I do read at a level above fifth grade which is about where one has to be to figure out what CFR 3345 says about the appointment of Matthew Whitaker.
Let’s begin by establishing the background on the firing of Sessions and the subsequent appointment of Whitaker starting with the proposition offered by never-Trumpers, the left, and the mainstream media, that firing Jeff Sessions is creating a constitutional crisis. That, of course, is hog wash. The president has both the right and, if he believes the Attorney General is not doing his job for the American people, the obligation to replace him. All Executive Branch employees serve at the pleasure of the President of the United States.
This is not a “Saturday Night Massacre” which refers to Nixon firing Archibald Cox on a Saturday evening in October, 1973. This dismissal has been coming since Sessions first recused himself from the Russian probe and allowed the corrupt Rod Rosenstein to take charge of the Mueller probe. For this to qualify as the vaunted Nixonian Saturday Night Massacre, Trump would have had to fire Mueller. That did not happen.
Sessions allowed Rosenstein a to take charge of the Mueller appointment and subsequent witch-hunt despite the disqualifying close personal relationship between Mueller, recently fired Comey and Rosenstein – all of whom reportedly even vacationed together. Rosenstein is also both a witness and prosecutor in the “obstruction” probe in the firing of James Comey. Remember it was Rosenstein’s letter that Trump used as justification for Comey’s removal.
Additionally, Rosenstein and Mueller are up to their ears in the potentially treasonous and seemingly racketeering crime which occurred in the transfer of 20 to 25 percent of our U.S. uranium interests to Putin and the Russians. There is very clear evidence that favors were exchanged in lieu of contributions totaling more than $125 million in in pay-to-play loot to the Clinton Foundation. Further, there is evidence that Rosenstein was involved in perpetrating a fraud upon the FISA court when he signed a knowingly fraudulent FISA extension which continued the illegal spying on Trump and the Trump campaign.
There is also a growing body of evidence that Rosenstein conspired with others to wear a wire to both secretly tape the President to gather potentially damaging or criminal evidence and that he conspired with others to develop a plan to use the 25th Amendment to remove Trump from office. In other words, Rosenstein may have been one of the key players in a silent coup to overthrow the government of the United States. That is treason.
Finally, Rosenstein violated federal law because there was no legal basis for the appointment of Special Counsel Mueller. Before a special counsel can be appointed there must be reasonable evidence of a crime. But the former FBI legal counsel, Lisa Page, testified before Congress that at the time of the appointment of Mueller to Special Counsel, there was no evidence of criminality on the part of President Trump or any of his campaign workers. So far, this illegal action has produced a $38 million fishing expedition that has investigated everything but the mythical Trump collusion while ignoring and covering up the well-documented Clinton Russian collusion, which produced the fake dossier … all of which makes the special counsel’s appointment unconstitutional and illegal.
Having now noted both the conflicted nature and probable illegal acts of Rod Rosenstein, it would stand to reason that the President would not want this miscreant appointed to the head of the Justice Department … even on a temporary basis. It therefore falls on Trump to appoint someone other than Rosenstein to fill the position of acting Attorney General. Who better than Jeff Sessions' own Chief of Staff to temporarily fill the vacancy?
But leftist legal scholars and never-Trump Republican lawyers say 5 U.S. Code § 3345 - Acting Officer law does not permit Whitaker to be appointed to the job. Here is the basis of their argument which, as we will learn, is deceptively selective and taken out of context.
5 U.S. Code § 3345 - Acting officer
(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…
“You see,” they say, "It must be the first assistant which means the next in line of succession to take the job of acting AG and someone who already has gotten the advice and consent of the US Senate to perform the functions and duties of the Acting AG."
Reading that short passage would seem to make it cut and dried that the President illegally appointed Matthew Whitaker to the job of acting AG and that he must appoint Rod Rosenstein.
Unfortunately, for the left and never-Trumpers, that is not the end of the federal code. Following is the next passage in that piece of the federal code.
(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—
Wait! That passage says that despite paragraph one, the President may direct an employee of such Executive agency and is not restricted to the next in line, to perform the function and duties of the vacant office temporarily subject to the timeline which limits how long an acting AG can serve. That number is 210 days but there are a lot of caveats.
So, it would seem that Mr. Whitaker is indeed a legal choice for the President despite the protestations of the supposed legal scholars whose flapping jaws and wayward pens seem to fill the airwaves of the media including Fox News and the pages of the scandal sheets laughingly called newspapers.
The code then goes on to say:
(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
The code requires that Whitaker has to have been at the DOJ for at least 90 days which he has been since he was hired in September of 2017 and his pay grade is above the GS-15 mark which as the Chief of Staff for Sessions it is.
But this is where it really gets interesting for President Trump. According to CFR 3345 the acting AG is allowed to serve only 210 days form the day of his appointment or from the first day of the submission of nominees to the US Senate.
(a)Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office—
(1) for no longer than 210 days beginning on the date the vacancy occurs; or
(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
(b) (1) But even beyond the 210 days the President still has a lot of leeway in which he can work. Look at this provision of 5 U.S. Code § 3346 - Time limitation
If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.
(2)Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve—
(A) until the second nomination is confirmed; or
(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
(c) If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.
In other words, if the Senate fights Trump on his appointment of an Attorney General, they have that right and may exercise it. But the 210-day clock starts over each time they reject his nominee. That of course means that they reject the President’s pick at their own peril. They must ask themselves, how long do we really want Matthew Whitaker to serve as AG.
Granted there are a few restrictions on the acting AG, one of which is he cannot sign a FISA warrant, which is a mere technicality in as much as he can have an underling sign for him.
So much for the legal scholars who say that the appointment of Matthew Whitaker to the position of acting Attorney General is illegal under the Code of Federal Regulation or federal law.
Whitaker, a Trump supporter, is a supporter because of President Trump’s positions, not his personality. Apparently, appalled by the Deep State conspiracy at the DOJ and other agencies, Whitaker has reportedly served as the eyes and ears of the White House at the DOJ since joining the team in September of 2017. He is an outspoken critic of Mueller’s unbounded probe and believes that Hillary Clinton should have been indicted.
Knowing all of this, you can be sure of one thing ... the left, while feigning outrage, is really very quickly sliding into panic mode.
They know full well that Whitaker has the power to declassify some very damning documents as concerns FISA warrants, 302 testimony records, private email conversations, and both extra legal and illegal operations approved by both Mueller and Rosenstein. He also has the power to investigate many high-ranking Democrats who were involved in felonious leaking of classified documents, as well as a potential conspiracy with DOJ, FBI, CIA, NSA and State Department officials who were secretly conspiring with major media outlets to create a false scenario and circular reporting in the dossier scandal to rig an election and later to overthrow a sitting president.
From the DNC and Hillary Clinton’s Russian collusion and pay-to-play bribery and kickbacks, to an ongoing coverup by both high-ranking Democrats and top officials in the Obama Regime, including money laundering through Perkins Coie law firm, the Democrats know just how dangerous this situation is for them. If fully exposed to the American public, the corruption and systematic sedition and potential treason sponsored by the Democratic party could leave them decimated for decades to come. So yes, they are in absolute panic mode … and none of them saw this coming. Trump wins again.Criminal Enterprise, Leftist Nonsense, Attorney General, Donald Trump, Constitutional Crisis, Matthew WShitaker