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The Case for Matthew Whitaker Grows Weaker by the Day

The Case for Matthew Whitaker Grows Weaker by the Day

Andrew Cohen

Last week ended with an extraordinary request of the U.S.

Most of Mr. Cohen’s concerns about Whitaker’s qualifications will soon be rendered irrelevant. That’s because the upcoming winter holidays will bring to the USA some tumultuous political activity.

Sometime between now and the end of December, the Senate and the House of Representatives will both adjourn sine die and end the 115th Congress. The 116th Congress, elected two weeks ago, will not convene until January 3, 2019. The United States Constitution, in Article II, Section 2, empowers the President to fill vacancies during such times without confirmation by the Senate - because the Senate is not in session and therefore not available to vote on a confirmation. Trump can appoint Whitaker at that time with no problem.

The current fuss over Trump’s appointment of Whitaker as an “Acting” Attorney General is both a distraction and a cover-your-ass move by Trump. The idea of an “Acting” AG is Constitutionally unfounded, but inducing the Democrats and leftists to fight the appointment in court forces them to squander their energy, and it runs out the clock. In addition, it prevents anyone from accusing Trump of not “faithfully executing the laws”; he might be vulnerable to that charge if he did not nominate anyone for the AG position.

According to Article II, Section 2, recess appointments “…shall expire at the End of their [Congress’s] next session.” Each Congress lasts two years and consists of two “sessions”; each session begins on January 3 and lasts roughly a calendar year. If Trump appoints Whitaker during the winter holiday period when the Senate is not in session, the appointment will be legal and Constitutional, and Whitaker’s commission will be good until the first session of the 116th Congress ends in late 2019. Although Whitaker’s commission will expire at the end of the Congressional session, Trump can simply perform another recess appointment at that time.

Why doesn’t Trump nominate Whitaker now and have the Republican Senate confirm him? One reason could be that one or two Republican Senators might not support him (although Manchin and a few other Democrats are always ready to come to Trump’s rescue in such situations). Another is that hearings could highlight Trump’s motivations - obstruction of Mueller - enough to prove problematic.

Whitaker will be the next United States Attorney General. Democrats will howl, to no avail. The only option for the Democrats and the left is impeachment, and that will never get the support of two-thirds of the incoming Senate, which will be even more Republican than the Senate is now.

Happy holidays!!

P.S.: Turkey has as much cholesterol as beef, and it takes too much work to cook. Don’t despair; you can still overeat even if you limit yourself to sweet potatoes slathered in brown sugar syrup, yams slathered in maple syrup , marshmallows on both, gmo corn, succotash, mashed potatoes, cranberry sauce, stuffing/dressing, green beans, Brussels sprouts, pumpkin pie, sweet potato pie, apple pie, apple sauce, and whatever other non-turkey foods that your family traditions force you to eat on the fourth Thursday of November. Bon appetit!!

“Stuff up the cracks, turn on the gas, I’m gonna take my life.”-“STUFF IT”

My understanding is that AG’s, acting or not, must be confirmed by the Senate. If so, why are the Democrats silent?

Because politics has become a lawyers game, primary, or preliminary to constitutional bickering.