Ty Cobb: "The simple theme is rewriting history. Trump wants to rewrite history so the next generation may not know that he incited a violent insurrection, refused to peacefully transfer power after losing an election ... America needs to learn from the mistakes that we've had. And one of the biggest mistakes that America ever had was reelecting President Trump"
Trump does not have authority. Trump had authority to appoint ONE interim AG for 120 days. Seigal was that one appointee and he quit (Trump says fired) because he would not do Trump's corruption. The statute backed by the constitution's separation of powers means the next appointee must come from the court.
So Comey's citing of Cannon is perfectly relevant. If both are appointed improperly the judge can toss the case. Trump's side argued this with the help of Cannon. (And Clarence Thomas)
Do you have a citation for your claim that Trump does not have Constiutional authority to appoint a prosecutor to prosecute crimes as he sees fit? You also claimed that the next appointee must come from the judicial branch. Could you point out where in the Constitution it says that. Both points are key to Corey's argument.
You aren't asking me, so I fear I'm overstepping my posting authority again by answering, but the two-part answers to your two questions are:
1.) The Appointments clause of the Constitution (which I cut and pasted and highlighted for you in post # 44369)
AND
2.) 28 USC 546 (the statutory section that is the very subject of the motion you think you are discussing)
A post about Trump's 2nd term and Booming Economy:
"The total number of U.S. jobs lost in 2025 is difficult to state precisely, as it is a dynamic figure influenced by different data points. However, a private sector analysis from Challenger, Gray and Christmas reports over 946,000 job cuts in the first three quarters of 2025, with another forecast from CBS News predicting that total job cuts could surpass 1 million by the end of the year. The Bureau of Labor Statistics (BLS) also noted an annual revision that reduced job creation estimates by 911,000 jobs for the 12 months ending March 2025, indicating a significant slowdown in job growth."
A post about Trump's 2nd term and Booming Economy:
"The total number of U.S. jobs lost in 2025 is difficult to state precisely, as it is a dynamic figure influenced by different data points. However, a private sector analysis from Challenger, Gray and Christmas reports over 946,000 job cuts in the first three quarters of 2025, with another forecast from CBS News predicting that total job cuts could surpass 1 million by the end of the year. The Bureau of Labor Statistics (BLS) also noted an annual revision that reduced job creation estimates by 911,000 jobs for the 12 months ending March 2025, indicating a significant slowdown in job growth."
We had 2 million deportations / self-deportations.
A post about Trump's 2nd term and Booming Economy:
"The total number of U.S. jobs lost in 2025 is difficult to state precisely, as it is a dynamic figure influenced by different data points. However, a private sector analysis from Challenger, Gray and Christmas reports over 946,000 job cuts in the first three quarters of 2025, with another forecast from CBS News predicting that total job cuts could surpass 1 million by the end of the year. The Bureau of Labor Statistics (BLS) also noted an annual revision that reduced job creation estimates by 911,000 jobs for the 12 months ending March 2025, indicating a significant slowdown in job growth."
Not sure we can trust whatever the BLS is saying at this point after Trump fired the head of BLS because he didn't like the numbers.
Anecdotally things are not great on the job front.
Just leaving Malaysia, a great and very vibrant Country. Signed major Trade and Rare Earth Deals, and yesterday, most importantly, signed the Peace Treaty between Thailand and Cambodia. NO WAR! Millions of lives saved. Such an honor to have gotten this done. Now, off to Japan!!!
Zohran Mamdani has advocated for: - Raising taxes on “whiter neighborhoods” - Defunding the police. - Police not responding to domestic violence calls. - Slashing programs for gifted children. - Closing Rykers. New York City is ready to elect this socialist radical as its mayor. This is their likely future.
Do you have a citation for your claim that Trump does not have Constiutional authority to appoint a prosecutor to prosecute crimes as he sees fit? You also claimed that the next appointee must come from the judicial branch. Could you point out where in the Constitution it says that. Both points are key to Corey's argument.
You aren't asking me, so I fear I'm overstepping my posting authority again by answering, but the two-part answers to your two questions are:
1.) The Appointments clause of the Constitution (which I cut and pasted and highlighted for you in post # 44369)
AND
2.) 28 USC 546 (the statutory section that is the very subject of the motion you think you are discussing)
The question here is whether or not the President, as Chief Executive, has the authority to hire and fire those who serve beneath him. I think the answer is "Yes." If you think Comey's motion will succeed, you think the answer is "No."
Here's Section 2 of Clause 2 of the Appointments Clause:
Our Forefathers wrote:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Here is 28 USC 546 in its entirety:
Congress wrote:
LII U.S. Code Title 28 PART II CHAPTER 35 § 546 Quick search by citation: Title enter title Section section 28 U.S. Code § 546 - Vacancies U.S. Code Notes prev | next (a)Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. (b)The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent. (c)A person appointed as United States attorney under this section may serve until the earlier of— (1)the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or (2)the expiration of 120 days after appointment by the Attorney General under this section. (d)If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.
The motion to dismiss argues that this law refines and clarifies the Appointments Clause of the Constitution. That argument is both logical and coherent, but, whether or not you agree with it depends on how you answer the question: "Does the President have ultimate authority to hire and fire those who serve below him?"
Further, if you say "No" and look at the law to explain why, the more specific argument here is that the appointment wasn't Constutional because the President only has 120 days after an (interim) Attorney has been appointed to appoint a successor. After that period, the courts do indeed appoint a successor. If you believe that the President has absolute authority to hire and fire as he sees fit, this is irrelevant. (Consider this: he's the Chief Executive. The courts are part of the judicial branch. Why would the courts have more authority than the President in his own branch of government?)
This post was edited 1 minute after it was posted.
You aren't asking me, so I fear I'm overstepping my posting authority again by answering, but the two-part answers to your two questions are:
1.) The Appointments clause of the Constitution (which I cut and pasted and highlighted for you in post # 44369)
AND
2.) 28 USC 546 (the statutory section that is the very subject of the motion you think you are discussing)
The question here is whether or not the President, as Chief Executive, has the authority to hire and fire those who serve beneath him. I think the answer is "Yes." If you think Comey's motion will succeed, you think the answer is "No."
Here's Section 2 of Clause 2 of the Appointments Clause:
Our Forefathers wrote:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Here is 28 USC 546 in its entirety:
Congress wrote:
LII U.S. Code Title 28 PART II CHAPTER 35 § 546 Quick search by citation: Title enter title Section section 28 U.S. Code § 546 - Vacancies U.S. Code Notes prev | next (a)Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. (b)The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent. (c)A person appointed as United States attorney under this section may serve until the earlier of— (1)the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or (2)the expiration of 120 days after appointment by the Attorney General under this section. (d)If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.
The motion to dismiss argues that this law refines and clarifies the Appointments Clause of the Constitution. That argument is both logical and coherent, but, whether or not you agree with it depends on how you answer the question: "Does the President have ultimate authority to hire and fire those who serve below him?"
Further, if you say "No" and look at the law to explain why, the more specific argument here is that the appointment wasn't Constutional because the President only has 120 days after an (interim) Attorney has been appointed to appoint a successor. After that period, the courts do indeed appoint a successor. If you believe that the President has absolute authority to hire and fire as he sees fit, this is irrelevant. (Consider this: he's the Chief Executive. The courts are part of the judicial branch. Why would the courts have more authority than the President in his own branch of government?)
Here is what I enjoy about this legal debate. With Trump you don't need to deal in hypotheticals. Many of the limits of Trump's executive power are included in our constitution and statutes to prevent corrupt abuse of executive power. They imagined that an executive would do things in a corrupt manner and therefore steal power from the coequal branches. For example, going around the country and appointing corrupt AG's to determine which cases would be presented to the Judicial branch. Like the ones you want brought against people you don't like. That is a power grab. It steals power from the Senate and therefore the citizens of the United States. It is also a power grab to an extent with the Judicial branch as his corrupt AG's will determine who will or will not get charged.
With Trump, the corrupt manner is not a hypothetical. He is broadcasting his animosity and his vindictiveness in all these retribution cases. He is not even hiding it. He Truly believes he has no checks and balances. He wants to decide who the Judicial Branch will deal with. And then he publicly pressures the Judicial branch to decide what he wants.
None of this is normal. But you seem to want to present it as normal.
This post was edited 7 minutes after it was posted.
It should be noted that the Senate Confirmation of Trump's appointments prove that he does not have sole authority over all of his hirings and firings. If Trump had sole power, there would be no Senate confirmations of anyone.
Ironically, this is why Trump likes to use and abuse the Interim appointment at ALL TIME. He does not want any oversight from a coequal branch.
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