Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: BREAKING: Trump just fired Berman [View all]pecosbob
(8,371 posts)30. I have no clue who has standing, but someone does...
All the administration needs to do is nominate someone properly...they just want to appoint no one and leave the position vacant as they have done in the past. They screwed up and didn't nominate anyone until the judges had already appointed someone. Now it's too late.
28 US Code § 546. Vacancies
(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.
(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.
(c) A person appointed as United States attorney under this section may serve until the earlier of
(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or
(2) the expiration of 120 days after appointment by the Attorney General under this section.
(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.
(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.
(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.
(c) A person appointed as United States attorney under this section may serve until the earlier of
(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or
(2) the expiration of 120 days after appointment by the Attorney General under this section.
(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.
cribbed from Struggle4progress' thread...https://www.democraticunderground.com/100213624235
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
39 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
Trump is probably afraid of what will happen after he loses the election
The Velveteen Ocelot
Jun 2020
#10
Trump just told a reporter before boarding Air Force One that he wasn't involved. Wtf?
octoberlib
Jun 2020
#16
Again. Can you believe it? Trump probably wants Berman gone but from what I've read , he's the one
octoberlib
Jun 2020
#24
Still haven't seen anything anywhere that says the 'President' has the power to do so
pecosbob
Jun 2020
#15
That's the point...he didn't appoint Berman...the judges did after he failed to NOMINATE a new one.
pecosbob
Jun 2020
#31
Here's hoping Berman has been sending Letitia James copies of everything he has.
GoCubsGo
Jun 2020
#18