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Appointments Clause

All articles tagged with #appointments clause

politics20 hours ago

DOJ doubles down on Halligan’s interim U.S. attorney status despite disqualification

The Justice Department says Lindsey Halligan remains the interim U.S. attorney for the Eastern District of Virginia despite a judge’s ruling that her appointment violated the Appointments Clause, arguing that the Currie ruling applied only to the James and Comey cases and did not force Halligan to relinquish the title. DOJ officials criticized Judge Novak’s request for an explanation as procedural overreach and noted that replacement authority would lie with the district court until the Senate confirms a nominee.

via Politico|
#appointments-clause#doj#eastern-district-of-virginia
politics23 hours ago

DOJ defends Halligan's U.S. attorney status amid court clash over appointment validity

DOJ lawyers defended Lindsey Halligan’s continued use of the U.S. attorney title after a judge ruled her interim appointment invalid, arguing the Currie decision doesn’t bar her from all duties and blasting the demand for justification as an abuse of power; Novak ordered Halligan to explain why she uses the title, while Currie previously held the appointment violated the Appointments Clause and voided indictments related to James Comey and Letitia James, highlighting a high-stakes dispute over appointment authority in Virginia’s Eastern District.

via CBS News|
#appointments-clause#comey#doj
politics2 years ago

Constitutionality of Jack Smith's Appointment Challenged in Supreme Court

Former Attorney General Ed Meese, along with law professors Steven G. Calabresi and Gary S. Lawson, filed a friend-of-the-court brief arguing that Special Counsel Jack Smith's appointment by Attorney General Merrick Garland is unconstitutional. They claim that Smith, a private citizen, lacks the authority to represent the United States in the Supreme Court and that his appointment violates the Appointments Clause of the Constitution. They argue that Smith's petition should be denied, citing the absence of statutory authority and the requirement for presidential appointment and senatorial confirmation for such a position. Smith had requested expedited consideration of former President Donald Trump's case regarding presidential immunity for his actions on January 6, 2021.

via Fox News|
#appointments-clause#constitution#politics