Current Topics
Election Day
by pondering_it_all
Today at 05:08 AM
Is it too soon to be talking 2020?
by Ken Condon
Today at 04:48 AM
CNN's lawsuit over White House ban of Jim Acosta
by logtroll
Today at 12:01 AM
RED ALERT: Obstruction of Justice on Overdrive!
by NW Ponderer
Yesterday at 06:21 PM
Our Embarrasment of a White House
by NW Ponderer
Yesterday at 09:28 AM
Round table NOVEMBER 2018
by Jeffery J. Haas
11/12/18 04:44 PM
The Passing Parade: Obituaries: 2018
by pondering_it_all
11/12/18 06:28 AM
the economy
by pondering_it_all
11/11/18 04:25 AM
Happy Birthday, United States Marine Corps
by Greger
11/10/18 08:45 PM
What Left?
by Greger
11/09/18 02:42 AM
Sleazy Slimeball or Slimy Sleazebag?
by NW Ponderer
11/08/18 06:25 PM
The rising tides are upon us
by pondering_it_all
11/08/18 01:15 AM
People who remember every second of their life - Total recall | 60 Minutes Austr
by Jeffery J. Haas
11/04/18 10:42 PM
Frontline: Facebook Dilemma
by Jeffery J. Haas
11/04/18 10:27 PM
Miscellaneous humor thread
by Golem
11/04/18 09:22 PM
Roundtable for October 2018
by logtroll
10/30/18 11:06 PM
An Open Letter to My Teenage Son (Vietnam War era artifact)
by Jeffery J. Haas
10/29/18 05:02 AM
Media and Trump
by Jeffery J. Haas
10/28/18 08:09 PM
Debt Crises
by jgw
10/28/18 07:48 PM
The chosen one?
by Jeffery J. Haas
10/27/18 12:40 AM
Forum Stats
6248 Members
58 Forums
16415 Topics
282754 Posts

Max Online: 294 @ 12/06/17 12:57 AM
Google Adsense
Page 3 of 3 < 1 2 3
Topic Options
#309373 - Yesterday at 06:03 PM Re: RED ALERT: Obstruction of Justice on Overdrive! [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16296
I forgot to add the Iowa Rules of Professional Conduct provision which states: (d) Except as law may otherwise expressly permit, a lawyer currently serving as a public officer or employee:

(1) is subject to rules 32:1.7 and 32:1.9; and

(2) shall not:

(i) participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless the appropriate government agency gives its informed consent, confirmed in writing;

Top
#309374 - Yesterday at 06:21 PM Re: RED ALERT: Obstruction of Justice on Overdrive! [Re: rporter314]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16296
Originally Posted By: rporter314
Quote:
the Deputy Attorney General may exercise all the duties of that office

I see 2 (two) possible interpretations of that clause. Please be aware I do not know the context of legalese etc.

1. The DAG MAY exercise, meaning he is a possible choice to assume the duties of the AG.

2. The DAG MAY exercise, meaning he has a choice to conduct all the business of the AG during a vacancy.

While I MAY see two possibilities, the reader should try reading putting different emphasis on the word MAY, and see if it is just me or is there some ambiguity of language.


I've dealt with this issue before (succession questions), so the wording here has both legislative and legal significance which is different than posited.

The "may" is permission from the legistature to conduct the business on behalf of the agency/United States, not to give the Deputy, or anyone else, discretion to do so or not. This is to prevent the agency from being unable to conduct business because the head of the agency is absent. In some agencies, duties of the "principal" may not be delegated (there are several for the A.G. that are exclusive to him/her). This changes that so that, for example, the Deputy A.G. is allowed to supervise the Special Counsel because the A.G. is unable to, since that supervision is exclusive to the A.G.

The problem with Whitaker, which Maryland has raised, is that if he is not a legal choice for the position he cannot conduct business as head of the agency (e.g. may not). In that case only the Deputy A.G. can conduct that business.

Although there is a corner-case basis for appointing Whitaker, there are at least three that preclude him from doing so. I say that, although the DOJ under Gonzales issued an opinion that argued otherwise (using, as was the Bush way, bad legal analysis). That issue was not, to my knowledge, litigated as his appointed "successor" only served for two months. It is the nature of the GOP to use legal legerdemain to pervert or avoid actually applying the law as written.

Top
Page 3 of 3 < 1 2 3

Who's Online
0 registered (), 61 Guests and 1 Spider online.
Key: Admin, Global Mod, Mod
Newest Members
TrentonP, Nosf50, erumonej, Jensen Breck, Albertapkr
6248 Registered Users
A2