Most commentators seem to be saying they don’t think he will have FISA authority because he was confirmed for a position without that authority. Again, I think it is unclear and I have not read the relevant statutes. It is also not clear to me that Yates was the only one at DOJ with FISA authority. I am guessing the FISA courts will figure out a way to find someone who can sign FISA warrants. If not, that would be a problem.
Well anything is possible with the courts. However, I would argue there was a big difference between what Obama was trying to do and what Trump is doing. Obama was exceeding his authority by having the executive branch set immigration policy rather than carry out laws passed by Congress.
So all Obama’s executive orders were exceeding his authority but none of Mr. Trump’s are?
Gambling with our lives for cheap political gains? She wasn’t gaining anything politically by refusing to enforce the travel ban. That was an act of principle, not politics. And “gambling with our lives?” That’s a little melodramatic, don’t you think?
It was the voters of NC who made him governor, apparently because many of them agreed with him.
All I can say is that President Trump has washed his hands of this mess. With all of these special interests and possibly legislating from the bench, if there is another terrorists attack on American soil, it’s not going to be hard to point the finger and even regressive liberal excuses may not be enough.
The same voters elected Trump. It is an odd set of results. Some say the AG and the city of Charlotte manufactured the issue to help him in his gubernatorial race. He certainly had time for such Machiavellian plans since he wasn’t ever in court doing his job.
Not “legislating from the bench,” but “checks and balances”. That’s what our system of government is about.
Disagree. She violated her role as AAG. It’s only melodramatic if you think there is no significant risk with our current vetting system.
When the President allows the executive branch to set policy rather than carry out the laws passed by Congress you are exceeding your authority. There is respect for the Constitution and also on the limits of federal power.So all Obama’s executive orders were exceeding his authority but none of Mr. Trump’s are?
I don’t think that gets you home. Thanks for providing the statute. It requires that the confirmed official be one “from among those executive officers employed in the area of national security or defense.” The US Attorney for the EDVA does not meet that description. The President can name acting officials under the Vacancies Reform Act, but there are lots of things that acting officials cannot do. This is one of them. It may be that they can find someone who can sign FISA warrants, but I don’t think it will be the acting AG.
Watching the coverage of this most recent event on both FOX and MSNBC, I had to wonder once again whether this country is indeed living in two opposing worlds (or worldviews). It’s hard to know whether to laugh or cry.
There are interesting parallels.
True, but the VRA also states “Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Attorney General.”
She wasn’t sticking around anyway. She was gone has soon as her official replacement took office.
Normally, the acting AG doesn’t publicly defy his/her boss.
Obama had EOs stayed and overturned by the courts too. Many Presidents have. It’s not uncommon.