Home Forums Hunting & Shooting Hunter's Campfire Trump vs. DOJ ------> Time To Quit Stonewalling??

This all boils down to Sessions.

Although Trump is the boss, his hands are tied as far as Magoo goes right now.

Yup and Sessions would be gone and replaced if Cruz did not vote to block President Trump from making recess appointments.

If you are going to call out Cruz for that, maybe you could say he saved Trump's ass for it.

Recess appointments are a douche-bag move.

Or did you agree with it when Obama did it?

The problem ain't that Trump doesn't have enough republicans in congress. The problem is that he doesn't have more republicans like Cruz.

Read and learn.

Or return to your hypocrisy of thinking Trump doing it is hunky dory and Obama doing it is wrong.

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Obama's challenge

Regardless of continuing to hold pro forma sessions, on January 4, 2012, President Obama appointed Cordray and others as recess appointments.[9][10][11] White House Counsel Kathryn Ruemmler asserted that the appointments were valid, because the pro forma sessions were designed to, "through form, render a constitutional power of the executive obsolete" and that the Senate was for all intents and purposes recessed.[12] Republicans in the Senate disputed the appointments, with Senate Minority Leader Mitch McConnell stating that Obama had "arrogantly circumvented the American people" with the appointments. It was expected that there would be a legal challenge to the appointments.[13]

On January 6, 2012, the Department of Justice Office of Legal Counsel issued an opinion regarding recess appointments and pro forma sessions, claiming,

"The convening of periodic pro forma sessions in which no business is to be conducted does not have the legal effect of interrupting an intrasession recess otherwise long enough to qualify as a "Recess of the Senate" under the Recess Appointments Clause. In this context, the President therefore has discretion to conclude that the Senate is unavailable to perform its advise-and-consent function and to exercise his power to make recess appointments".[14][15]

Judicial challenges

However, this was widely disputed.[16][17] The first such challenge was announced in April 2012, disputing a National Labor Relations Board ruling made following the Obama appointments.[18][19]

On January 25, 2013, in the first circuit case to rule on the validity of the January 4, 2012, appointments, Chief Judge David Sentelle, writing for a unanimous three-judge panel for the U.S. Court of Appeals for the D.C. Circuit, wrote

"an interpretation of 'the Recess' that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction. This cannot be the law."[20]

On June 26, 2014, in a 9–0 ruling, the United States Supreme Court validated this practice of using pro forma sessions to block the president from using the recess appointment authority. Justice Breyer also wrote in NLRB v. Noel Canning that the President could force a recess if he had enough congressional support:

"The Constitution also gives the President (if he has enough allies in Congress) a way to force a recess. Art. II, §3 ('[I]n Case of Disagreement between [the Houses], with Respect to the Time of Adjournment, [the President] may adjourn them to such Time as he shall think proper'). Moreover, the President and Senators engage with each other in many different ways [*28] and have a variety of methods of encouraging each other to accept their points of view. Regardless, the Recess Appointments Clause is not designed to overcome serious institutional friction. It simply provides a subsidiary method for appointing officials when the Senate is away during a recess."[21]

(On July 16, 2013, the U.S. Senate confirmed Cordray to a five-year term as Director.[22])

Prior to National Labor Relations Board v. Noel Canning, there was a split among the circuit courts on the validity of intra-session appointments and on what vacancies can be filled using the Recess Appointment authority. Following the 2003 intra-session appointment of William H. Pryor, Jr., to the U.S. Court of Appeals for the Eleventh Circuit, a small number of criminal defendants, whose appeals were denied by panels including Pryor, appealed on the basis that Pryor's appointment was invalid. The Eleventh Circuit, in an en banc decision in Evans v. Stephens[23][24] held that the Constitution permitted both intra-session recess appointments and recess appointments to fill vacancies that "happened" prior to rather than during the congressional recess.

However, NLRB v. Noel Canning, Circuit docket 12-1115 in the Court of Appeals for the District of Columbia Circuit, appealed a decision made by National Labor Relations Board (NLRB) members appointed, in what President Obama determined was an intra-session recess was decided in a three-member panel decision on January 25, 2013, that intra-session appointments were unconstitutional because the word "the" before the word "Recess" in the Constitution was determined to mean to limit it to only the inter-session recess, and it further limited the power by limiting it to only those vacancies that "happen" to occur during the inter-session break, not to vacancies that existed prior to the recess.[20] Also, on March 16, 2013, the Third Circuit joined the D.C. Circuit and held that the March 2010 appointment of Craig Becker to the NLRB was invalid because he was not appointed between sessions.[25]

On June 26, 2014, the United States Supreme Court rejected both holdings,[26] while also unanimously deciding that President Obama overreached his executive authority in appointing members to the NLRB while the Senate was still formally in session.[27] Justice Stephen Breyer, in the majority opinion, wrote that the Constitution allows for the Congress itself to determine its sessions and recesses, that "the Senate is in session when it says it is," and that the President does not have the unilateral right to dictate Congressional sessions and thus make recess appointments.[27] However, the decision allows the use of recess appointments during breaks within a session for vacancies that existed prior to the break.

This all boils down to Sessions.

Although Trump is the boss, his hands are tied as far as Magoo goes right now.

Trump fire Jeffy any time he wants.

Watching Trump cry like a girl every morning on twitter is priceless.

Just wait until every member of his campaign, including his own family, is indicted this summer.

You haven't even begun to see the crying that this guy is capable of.

Get the popcorn ready and enjoy the crying festival.

If Trump acted like a man and stopped whining on twitter maybe he could stand up to his own hand-picked DOJ instead of them running him out of town on a rail.

I said it from the beginning: His own DOJ and own FBI are setting him up for the kill shot.

He's as good as dead at this point. Dead man walking. He has himself to blame.

He's too weak to stop it.

If I were you I'd be careful about talking about the POTUS using "killshot" and "Dead man walking"... You fuucking liberal puke.

If I were you I'd be careful about talking about the POTUS using "killshot" and "Dead man walking"... You fuucking liberal puke.

If your son acted like him you would smack the crap out of him.