Stephen Colbert - Guest Sen. Kirsten Gillibrand: Trump's AG Appointment Is Unconstitutional

[Rhiannon12866]

'Bold and Brave' author and New York Senator Kirsten Gillibrand weighs in on the constitutionality of the President's appointment of Matthew Whitaker, the new Acting Attorney General now overseeing Mueller's investigation.

[PoliticAverse]

1. So will she be challenging the appointment in the courts? n/t

[Rhiannon12866]

2. I guess we'll see, but she's pretty proactive

I know how many DUers feel and I can't help but agree, but she was also my congresswoman and did a great job for the district and has been very good for the state - and she also is known for voting against confirmation of Trump's appointments.

[thesquanderer]

3. It seems like, if it's unconstitutional, there should be a legal challenge, but...

...from my admittedly layman's understanding of the law, I think the issue may be that there is no mechanism to bring a case simply on the basis of something being unconstitutional. I think there first has to be some damage done, someone who has been hurt as a result, yielding a person/entity who then has standing to sue.

Maybe Rosenstein could sue, on the basis that he was legally entitled to the position...?

[PoliticAverse]

5. Yes, the way courts typically deal with situations like this is through the issue of "standing".

If you have "standing" (that is if the court thinks the issue effects you enough in a legal sense) you can bring a case.
The appointment of an Attorney General would normally require "advice and consent" of the Senate and so presumaby
a senator could sue or, as you mention, someone affected like Rosenstein.

See: https://legal-dictionary.thefreedictionary.com/standing

[Danascot]

4. Laurence Tribe says any senator has standing to challenge Whitaker's appointment

So Kirsten, stop talking and do something.

Link to tweet