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File: whitaker.jpg (48 KB, 620x372)
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If this guy knows he's legally not allowed to be the Attorney General, but he still continues to act in the role, how long will he be in jail for?

Just curious.
>>
>>192792150
0 days
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>>192792150
>not
Do you know what a presidential pardon is?
>>
>>192792150
>he was legally sworn in

i hope your loved ones die in a horrible situation and you live long enough to suffer with that memory for the rest of your days
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>>192792495
Really? Because I'm seeing something along the lines of 3 years.

>18 U.S. Code § 912 - Officer or employee of the United States

Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.

(June 25, 1948, ch. 645, 62 Stat. 742; Pub. L. 103–322, title XXXIII, §330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
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>>192792712
He can't be sworn in until the Senate votes on it, and the Senate doesn't convene until January. Trump really goofed this one.
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>>192792909
he was sworn in as an acting AG as in temporary, no confirmation needed unless he's named into a permanent role
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>>192792150
Hi redd*t fag
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>>192792150
>hurrr everyone supporting trump is somehow doing something illegal and will end up in jail
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>>192792716
President can name an acting AG. This is if a regular citizen plays as a government official to scam people.
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>>192792150
Fuck off with your delusions and internet lawyering. Whitaker is the AG now and President Hawaiian Judge isn't going to change that.

https://jonathanturley.org/2018/11/08/yes-matt-whitaker-qualifies-as-acting-attorney-general/
>>
What would be preventing him from being allowed to be AG?
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>>192793063
OP
ABSOLUTELY
POSITIVELY
UNEQUIVOCALLY
BTFO
T
F
O
>>
>>192793446
Delusions of liberal retards
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>>192793344
>>192793294
5 U.S. Code § 3345 - Acting office
(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;

According to (a) Rosenstein was the new acting AG, and he was fired. Therefore that entire article's point is moot.

Whitaker is illegally acting as AG.
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>>192793645
>t. 12 IQ faggot
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>>192793645
Post the rest of the law friend. You left the important parts out.
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>>192793645
Are you illiterate or did you ignore a(2)? Or a(3)?
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>>192793645
>desperate internet lawyer thinks he knows more than an actual constitutional law professor

>However, Subsection (a)(3) states “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 (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 (B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule”

>The overlapping provisions is tedious, but it would seem that Whitaker qualifies on his status and prior service. From what I can gauge, he was appointed to prior position on September 2017. That is over 90 days and Chief of Staff is graded at GS-15 or above.
>>
>>192793934
(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

Trump doesn't have consent of the Senate.

(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—
(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
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.

Rosenstein was briefly the acting AG, and he did not retire or otherwise become unable to do his job.
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>>192794115
Read it again, you're seeing what you want to see, not what the law says.
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>>192794173
What a fucking retard he is lmaooooo
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>>192792150
Where do you clowns even come up with these talking points?
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>>192794115
>>192794115
heres a quick rundown for you
>(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency
Whitaker is an employee of DOJ
>the officer or employee served in a position in such agency for not less than 90 days
Whitaker has been serving for more than 90 days
>Pay above GS15
chief of staff to AG is paid more than GS15
>>
>>192794568
Reddit circlejerk
>>
>>192794614
(b)
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i) did not serve in the position of first assistant to the office of such officer;

Whitaker wasn't the first assistant of Sessions within the last year, so he is not allowed to serve as acting AG even if Trump chooses him for it.
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>>192794568
Left wing Twitter. I assume the "protests" yesterday used this exact talking point to sperg over muh Mueller. It's all nonsense of course
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>>192794115
>Trump doesn't have consent of the Senate.
you're misreading it
that part says
>an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate
that entire part in this case refers to the AG, so let's replace it:
>the President (and only the President) may direct a person who serves in [the office of AG], to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or

the President can appoint an acting AG if the office is vacant, without consent of the Senate
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>>192792909
>He can't be sworn in until the Senate votes on it,
the Senate had their chance to get rid of him when they voted Sessions in
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>>192793645
>Whitaker is illegally acting as AG.
this is a gray area, and if a media darling did it nobody would bat an eye
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>>192794011
>Whitaker qualifies on his status and prior service
good, give him the space lasers and let him clean house with deadly retribution and justice
>>
>quintessential toxic male
>fit
>vidja
There's 0% chance he's not sympathetic to Gamergate. I expected a lot more feminists shrieking.
>>
>>192795469
I'm literally just going to ignore you because you have chopped apart the text of the law and mismatched it together. "Let's replace it" isn't how it works.

>>192795528
What are you even talking about?
>>
>you need a senate vote for a temp stand in
bruh look at this DOOD. OH NO NO NO NO
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>>192795772
It's called checks and balances asshat.
>>
I bet OP is the same retarded faggot that tried to argue Posse Comitatus applied to military personnel on the southern border
>>
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You mean this guy? OP is a dick sucking faggot who is dying of aids having been infected by Obama.
>>
>some random meme flaggot trying to LARP as a Constitutional scholar
OK buddy
Super cool story bro
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>>192795816
How about you check this dab you fucking nigger
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>>192795096
Read it again dummy.
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>>192795765
>"Let's replace it" isn't how it works
if you don't know how basic grammar works you shouldn't be trying to interpret law.
>>
Is the lack of feminist outrage advertised by msm over Whitaker a sign that They have realized pushing the feminist angle hurts, more than helps, sway voters? Did the Kavanaugh show kill the pink pussy hat narrative?
>>
>>192792716
He didn’t falsely assume anything, he is filling a role temporarily until confirmation. If he isn’t confirmed someone else will fill the role. The executive is allowed leeway when confirmation can not be done immediately. I believe he has like 6-9months before he needs to be confirmed.
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>>192796341
If you are told to do something illegal by a police officer and you know it is illegal and you do it anyways, do you think that would be a valid defense in a court of law?

Whitaker cannot do anything as AG, or he is setting himself up for numerous lawsuits. The world knows he was illegally appointed, and he knows he was illegally appointed.
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>>192792150
>he don't know nuffin
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>>192796487
you have been proven incorrect multiple times now, stop pretending like you're right
>>
>>192796487
>If you are told to do something illegal by a police officer and you know it is illegal and you do it anyways, do you think that would be a valid defense in a court of law?
Yes, it’s called entrapment
>>
>>192795936
australian banter never fails
>>192796487
>illegally appointed.
that doesn't mean what you think it means
>>
>>192796762
You don't know the definition of entrapment then. Please respond to me again with how you think it works so I can educate you.

>>192796616
I am right. Watch this week as Whitaker is summarily ignored by all law enforcement because his position is illegal.
>>
>>192796778
>illegally appointed.
>that doesn't mean what you think it means

It means exactly what I mean. Trump has no legal right to appoint Whitaker as AG, thus Whitaker was illegally appointed. It's the exact same thing as if Trump tried to appoint him as Grand Pharaoh of the USA.
>>
>>192797168
>I am right
you aren't. at all. the President can appoint an acting AG without needing to go through the Senate and Whitaker had the qualifications to be appointed
there is no discussion here

this is like when you sperged out about Posse Comitatus without understanding what it meant
>>
>>192797338
Lol.

Ya Trump is not head of executive. mueller is because reasons. Rosenstein should be AG because he knows everything. Not like he is a material withness (signed fisa extensions)
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>>192796487
>people i dont like making decisions
>"ITS ILLEGAL!"
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>>192797338
>Trump has no legal right to appoint Whitaker as AG
imagine actually believing this nonsense
>>
>>192797374
Reread the relevant law. It explicitly disqualifies Whitaker from being appointed as acting AG.

It's not my fault that you are illiterate.
>>
>>192797701
Don't get me wrong. Trump is well within his right to appoint someone as AG.

Whitaker however is not qualified as far as the law is concerned.

Thus the appointment is illegal.
>>
>>192797338
>>192797168
>>192797168
>>192796487
>>192797338
>>192797338
>>192796487
>>192795096
>>192794115
>>192793645
>>192793645
>>192792909
>>192792716
>>192792150
you, xir, are a special kind of stupid
>>
>>192797781
>>192797869
you can continue to post lies but you've been proven wrong and anyone seeing this thread can see that
i'm just here to make sure you don't become the only voice in here, because if I don't people might actually believe the lies
>>
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>>192797869
>ILLEGALLY APPOINTED!
>"well he's well within his right but based on my standards he's not right for the job"
>>
>>192798017
It's not based on my standards. Read the relevant law very carefully and you will come to the same conclusion.

I hope you are able to realize that if something is not legal, it is illegal. Maybe you are dramatizing the word "illegal?"
>>
>>192795207
Like the protests over getting rid of sessions - I thought he was a nazi kkkebler elf? Lolwut?
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>>192798177
Yeah ok show the law, because you have yet to cite anything factual, just your emotions
>>
>>192798198
I've seen the headlines about this
>over 9000 protests across the nation
But they only ever show pictures of two small groups protesting.
>>
>>192798177
Disregard meme flags.
>>
>>192798335
I've quoted the relevant law multiple times in this thread.

But just for you, here it is again:

https://www.law.cornell.edu/uscode/text/5/3345
>>
>>192792150
This is what it looks like when niggers talk about things other than chicken.
>>
>>192798745
But that law proves you are wrong. You have been unequivocally blown the fuck out every single time you post. It’s pretty embarrassing how you continue to pretend you have a point.
>>
>>192792150
this guy is as corrupt as they come
>>
>>192792150
>meme flag
Mind your own business
>>
>>192797966
Checked
>>
>>192799089
I feel bad for you. You're so blinded by, what? Ignorance, delirium? Your beloved president really fucked up this time. Trump couldn't even follow some basic rules and now the Mueller investigation is guaranteed to carry on for at least another 2 months.

You must be mad.
>>
>>192792716
Taken out of context.
>>
>>192800222
could you do us all a favor and paraphrase what it is that is illegal about this temporary recess appointment. don't just point to the law and tell us to read it - explain to us using your words what it is about this appointment that runs afoul of the law.
>>
>>192792150
Why is everyone in Trump's orbit some sort of conman huckster
>>
>>192798177
i can't find the law that makes the tree in front of my houses legal. does that mean it's illegal? you fucking moron.
>>
>>192800579
>he has never achieved any level of success and doesnt realize that it takes guile, cheating, lying, throwing others under the bus etc
>>
>>192800222
Are you mad? Bitchboi Mueller is being castrated as we speak, and it’s all 100% legal.
>>
>>192794115
So the Senate cannot confirm him until January? Yeah, Trump fucked up...but that's to be expected.
>>
>>192800810
>t. room temp IQ
>>
>>192800222
you suck at this OP
try again
try harder
>in all fields
>>
>>192800810
Nope. He is an idiot. Whitaker is legal acting AG right now, and no one can stop him from literally cutting off Bob Mueller’s testicles if he wanted.
>>
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>>192800710
>>
>>192792150
The people or authorities who let him are the ones who could potentially be in trouble. He could always say "I didnt know" and get out of it.

t. Fed
>>
>>192800945
Wouldn't that be considered "obstruction?"
>>
>>192792716
You are literally retarded.

The president can temporarily place someone to act as the AG if the current one is unable to do his job or quits.

Please don't have any children.
>>
>>192798177
You’ve been btfo multiple times this thread. But let’s say you’re delusions are right In some timeline, trump can pardon him you mega retard. God I hope you get ass cancer
>>
>>192801091
Oh, is Trump under investigation now?
>>
>>192801108
Let me ask you a simple question.

Can the President appoint anyone as AG if he wants? Obviously considering if the current one is unable to do his job or quits.
>>
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>>192800222
Your bait is getting worse. Your LARP was believable but you kind of just said "fuck it" with this post and gave yourself away
>>
>>192792716

Read more of the legal code, you meme flaggot. According to the federal vacancies act the president can appoint ANY previously senate confirmed government agent to act in the office another Senate confirmed officer that resogned.

Jeff sessiobs resigned and Whitaker was a previously confirmed government agent. I fail to see the legal issue, dickweed.
>>
>>192801091
Nope. Mueller is over. He has nothing.
It’s time for the charade to end.
>>
>>192801272
Hell, I don't know. Is Mueller still investigating, or has he wrapped up already with the report pending?
>>
>>192801324
Can you fucking read?
>>
>>192792150
As long as ur stupid ass
>>
>>192792716
Fits the description if obozo and all DrmonRats
>>
>>192801324
No, the President can appoint as acting AG anyone who works in the Justice Department or anyone who holds a Senate-confirmed position, unless the person he tries to appoint is himself a newly appointed first assistant to the AG or unless the President nominates his appointee to hold the AG position permanently.
>>
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>>192801324
He gave up. It's over. Hasn't posted in over 15 minutes. And you guys let this idiot bait you
>>
>>192802131
i enjoyed it. worth every penny.
>>
>>192802131
He got called in to the boss. Brock is very upset with his poor performance.
>>
>>192800710
>his success come through treachery
kek. Not even Machiavellian, corruption for the sake of corruption.
>>
>>192801710
You didn't answer my simple question.

>>192802033
Ok good, you're getting there. You're missing something though. What if that person hasn't been first assistant to the AG within the last year?
>>
>>192792150
>legally not allowed to be the Attorney General
Wtf? Who have you been listening to?
>>
>>192802331
>>192795096
Literally keep reading

(2) Paragraph (1) shall not apply to any person if—
(A) such person is serving as the first assistant to the office of an officer described under subsection (a);
(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C) the Senate has approved the appointment of such person to such office.
>>
>>192802033
Can he later nominate Whitaker for Senate approval? Several corporate propaganda agencies are saying he legally can't
>>
>>192802331
Woops! He’s back, changed up the gameplan. Did Brock call you and your team in for a pep talk?
>>
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what will the meme flag come up with next?

let's find out..
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>>192793446
It makes some people angry. You know, "feels".
>>
>>192801091
>Wouldn't that be considered "obstruction?"
Dummy, that’s considered “castration”
>>
>>192802640
Yes. He’d just have to be removed from the temporary position first and then nominated for approval.
>>
>>192803032
He won't be though, Trump already has made his AG pick.
>>
>>192802560
Ok lets go line by line, in reverse because it's easier.

>(C) the Senate has approved the appointment of such person to such office.

Senate isn't in session, so scratch this.

>(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and

Senate isn't in session, so scratch this.

>(A) such person is serving as the first assistant to the office of an officer described under subsection (a);

Chief of Staff isn't first assistant to anything described under subsection (a);

Therefore Whitaker was illegally appointed.
>>
>>192796092
No, Whittaker is a whole new level of panic, hence our talmudic retard here. They seem to be incredibly afraid of what he will do in his short time as acting AG.
They haven't cared about Russia for months, seems like Whittaker might be doing something else besides 'muh Russiagate'
>>
>>192792150
Are you fucking retarded? This man is the legal AG he has all the kegal power of the AG. Shut the fuck up and go suck a dick.
>>
>>192792150
You fuckers are scared. Hahahaha
>cuck
>>
>>192803464
>he has all the kegal power of the AG.
let him prove it then, if he was actually going to do anything they would be doing it now, as in today, you will know by Monday what the scam is in this shit
>>
>>192801585
>Is Mueller still investigating
hopefully he's testifying against his co conspirators in 9/11 coverup
>>
>>192794115
>>192803329
>Ok lets go line by line, in reverse because it's easier.
>>(C) the Senate has approved the appointment of such person to such office.
>Senate isn't in session, so scratch this.
>>(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
>Senate isn't in session, so scratch this.
>>(A) such person is serving as the first assistant to the office of an officer described under subsection (a);
>Chief of Staff isn't first assistant to anything described under subsection (a);
>Therefore Whitaker was illegally appointed.


Break this down more.

"Orange man bad"
>>
>>192803575
It's a fact shit stain. He doesn't " HAVE " to prove anything. Sit down and shut the fuck up cry baby.
>>
>>192803329
Doesn't not being a "First Assistant" only include in in the above subsection?
>>
>>192792909
They don't just leave the job empty retard, the acting one runs the place until they vote.
>>
>>192804380
lol
>>
>>192804380
To be fair, when Obongo's house nigger was ousted for being the only AG to ever be held in contempt of congress, they let him keep serving until they could get his replacement confirmed.
>>
>>192804538
That was probably Obama's decision.
>>
>>192794115
Beep boop boop

"Not my president"
>>
you are a idiot that has no clue what the laws are.

Stfu you brainwashed liberal nazi
>>
>>192803329
Look at (B)
>(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and

Which fits what the deputy attorney general position
>The Deputy Attorney General is a political appointee of the President of the United States and takes office after confirmation by the United States Senate.
>>
Ur a fag
>>
>>192805703
Oh wait never mind, I didn't even have to go into b(2), b(1) is literally (A(1) ∨ A(2)) ∧ B
Since A(1) and A(2) are false then the first bracket is false, however B is true, so the whole b(1) section is not valid.





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