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How presidents sidestep the Senate's 'advice and consent' on nominees

By Mike Cummings May 4, 2021 Share this with FacebookShare this with TwitterShare this with LinkedInShare this with EmailPrint this (Illustration by Michael S. Helfenbein) Presidential nominees to top-level executive positions make headlines, and occasionally produce drama, but their experiences in the media’s glare do not provide a full picture of how presidents approach, and often game, the Senate confirmation process. A recent study by Yale political scientist Christina M. Kinane shifts th...
United States White House District Of Columbia Christinam Kinane Government Accountability Office American Political Science Review
Source: yale.edu

Detailed text transcripts for TV channel - CNN - 20181114:15:16:00

Justice officials have been weighing in on the question of whether whittakers appointment was constitutional mainly because he hasnt been confirmed by the senate. because the attorney general is a principle officer he would require senate confirmation. the justice department in a 20-page memo to the white house today says this is constitutional. this is valid. and they offer a variety of different justifications for it. stick with me because this is something of a legal rabbit hole. they say the...
Hasn T Attorney General Whether Whittakers Appointment White House Principle Officer Senate Confirmation

Detailed text transcripts for TV channel - CNN - 20181114:23:12:00

Constitutionality of matt whitakers appointment as the acting attorney general of the united states. youre on the judiciary committee, you are a lawyer. how strong is that argument in your view? >> the justice department is wrong. here is why. if we allow a president to simply take any cabinet official, force them to resign, and then install an employee thats not been confirmed by the senate, then theres no telling what future presidents could do. we cant have a situation where the senate confir...
Attorney General Department Of Homeland Security United States Matt Whitaker Judiciary Committee Us Senate

Detailed text transcripts for TV channel - CNN - 20181111:14:34:00

Only qualification seems to be that he wants to be -- the president wants him to be the hatchet man to destroy the mueller investigation. >> be that as it may, you know, when you called whitakers appointment illegal, the law in this case -- the federal vacancy reform act of 1988 authorizes the president to replace attorney general jeff sessions with any official as long as theyre acting capacity fewer than 210 days. regardless of your opinion of mr. whitaker, he meets those requirements. >> well...
Mueller Investigation Hatchet Man Matt Whitaker Attorney General Jeff Sessions Federal Vacancy Reform Act

Detailed text transcripts for TV channel - FOXNEWS - 20181111:20:02:00

Trusts. >> he should. and he asked for the resignation and didnt let him stay to the end of the week. methe question becomes who can u appoint. he may very well have had statutory authority to appoint matt whitaker who was chief of staff to jeff sessions. he had been there for more than 90 days which is the magic term under the applicable statute. one statute is the vacancies act which specifies the president can appoint in a couple of ways. one of which would involve appointing someone in matt ...
Didn T Methe Question Chief Of Staff Jeff Sessions Matthew Whitaker Statutory Authority

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