aside Is It Possible That President Will Fire Sessions And Mueller While Congress Is In Recess?

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TRUMP/ SESSIONS

THE FOLLOWING COMMENTARY IS SPECULATION ONLY.

Anyone who reads my blogs knows that I am not into conspiracy theories I don’t comment on them unless it is a matter of fact checking.

But I have a fellow blogger Crustyolemothman who is very worried about a lot of chatter that he has been hearing/ reading about how the republican President Donald Trump plans to fire the US Attorney General Jeff Sessions while Congress is in recess.

U.S. Attorney General Jeff Sessions on Thursday (7/20/17) brushed off the public sharp criticism rendered by President Trump during his 7/19/17 interview with New York Times reporters. The president complained  about Mr. Sessions decision to recuse himself from any participation in the Justice Department’s Russia investigation, saying he loved his job and planned to continue serving. So, the attorney general did not bite the president’s bait by tendering his resignation letter as the president had hoped.

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The Attorney General Sessions recused himself in March 2017 from the Russia criminal investigation, after failing to disclose at his confirmation hearing that he had held meetings last year with Russia’s Ambassador Kislyak.

During the interview the president took swipes at the Deputy Attorney General Rod Rosenstein and Acting Federal Bureau of Investigation Director Andrew McCabe, before voicing his concerns about conflict of interest issues with the FBI’S Special Counsel Robert Mueller, and the FBI’S probe (as per Bloomberg news) possibly delving into the president and his family’s financial histories.

Related imagePresident Trump continued his rantings at his administration’s top law officers in the interview, by mentioning Mr. Rosenstein’s connection to Democratic Baltimore and that Mr. McCabe’s wife took money from a leading Democrat during a political campaign.

It has become obvious that the president wants to fire the FBI’s Special Counsel Mueller but there are rules barring him from taking this step. The Attorney General Sessions cannot do the honors because he recused himself from any involvement in the Trump-Russian inquiry. And the Deputy Attorney General Rosenstein has gone on record stating that he will not fire Mr. Mueller.

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MUELLER

So, how can he possibly get away with firing his nemesis, the Special Counsel Robert Mueller?

Crustyolemothman answers this question in a comment’s section on one of my blogs:

Dear Mz. Gronda,

“Hot off the dark side non press! The latest information that has leaked out of the administration is that the tRump will wait until the senate goes into recess to fire Session. He then allegedly, will appoint a person who he knows will do his bidding, using the provision that allows a recess appointment, who will follow his directives to fire Mueller! I hate to admit it, as like you, I don’t like conspiracy theories, but this one simply makes too much sense if one looks at tRumps history, and understand that S. Bannon is pushing for this to happen. The real fear for me is that while we will hear an uproar, the congress will make a little noise, yet fail to make any steps to correct the problems! Our nation is under siege by a foreign power and the people that have the power to correct the path of this nation are remiss in their responsibility and seem to be willing to sell this nation to the highest bidder!”

 

Now, the question that I have, Is the above described scenario, even possible? The answer is, YES!

IT SEEMS that if the president fires Attorney General Sessions, he can then appoint a replacement with someone who is willing to fire the FBI’s Special Counsel Robert Mueller III, while Congress representatives are away during its recess.

On January 28, 2017 Sam Wise as a guest blogger of  Notice & Comment (A Blog from the Yale Journal on Regulation) posted the following opinion,  “Recess Appointments Will Likely Return in 2017.”

“After a six-year hiatus, legally valid recess appointments will likely return in 2017. The Constitution gives “[t]he President [the] Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” In effect, recess appointments give the President the power to bypass, at least temporarily, Senate confirmation of a nominee.”

Image result for photos of president obama and president bush
OBAMA/ BUSH

“As someone who was in the room where it happened (the Constitution was written) explained, recess appointments were intended to fill necessary, vacant positions when the Senate was unreachable. However, recess appointments are now used primarily to avoid Senate opposition to a candidate. Both President Bush and President Obama successfully used recess appointments to avoid or defer confirmation battles where it appeared a nominee could not obtain a filibuster-proof majority.”

Recently, opposing party politics have greatly reduced the opportunities to use recess appointments. By practice, recess appointments now can only be used when both house of Congress and the Presidency are controlled by the same party. If the opposition party controls the Senate, they would deny the President a recess. When the Senate would normally take a recess, the Senate would instead have periodic “pro forma” sessions where a Senator would gavel the Senate open for the day and immediately end the legislative day. Even if the President’s party were to control the Senate, a House of Representatives controlled by the opposing party would use the Constitutional requirement that the Senate cannot adjourn for more than three days without the House of Representatives’ consent to prevent the Senate from going into recess. Thus, the Senate would still have to use pro forma sessions during its unofficial recess.”

“President Obama tried to claim that these pro forma sessions did not mean the Senate was in session, but he lost that argument 9-0. The Court also held that unless there are unusual circumstances, a Senate recess must last at least 10 days before the President may issue a recess appointment.”

“With full Republican control of both houses of Congress and the Presidency, the Senate will likely go on recess for the first time since 2010, and President Trump will have the opportunity to make recess appointments.’

“You might logically ask, with the elimination of the filibuster on (non-Supreme Court) nominees, why would the President still need to use a recess appointment? The President might need to use recess appointments because: 1) the Senate does not have enough time to consider a nominee and 2) Senate Republicans oppose a nominee.”

Image result for photos of the us senate in session

This means that when the Senate is in recess, the president can make appointments without the Senate’s approval. However, the appointee must be approved by the Senate by the end of the next session of Congress which is enough time for the president to do the dirty deed.

What Can Democrats Do to Prevent Recess Appointments? (Source:Reeves Law Group)

“The 2014 elections gave Republicans control of both houses of Congress.

The Democrats, who are currently the minority party in the Senate, can hold “pro forma” sessions during recesses lasting longer than three days. While no legislative business is conducted in a pro forma session, they ensure that Congress is not officially adjourned, thus blocking the president from making recess appointments.”

15 comments

  1. Firing Sessions to get to Mueller is way too transparent, and huge political blunder just like firing Comey. A blatant conflict of interest, Dems would certainly have grounds for impeachment.

    Speaking of further blunders: Trump ends CIA program in Syria; Turkey Exposes U.S. Special Operations/ bases in Syria!

    “Putin won in Syria.” In a move with huge implications for the war in Syria, President Trump has decided to shut down the CIA’s covert program to arm and train groups of Syrian rebels fighting the government of Bashar al-Assad, U.S. officials tell the Washington Post.

    http://foreignpolicy.com/2017/07/20/sitrep-trump-ends-cia-program-in-syria-turkey-exposes-u-s-special-operations-in-syria/

    • Dear !EarthUnited,

      Many here in the USA were caught by surprise with the president’s action to end the program of having CIA folks in Syria. This is probably why Congressional representatives finally got together to pass that law, barring the president from being able to arbitrarily lift sanctions imposed on Russia.

      Hugs, Gronda

  2. It is certainly possible that he would do this, and given that his irrationality seems to be escalating, it would not surprise me. If he does this, it will raise a hue and cry the likes of which we have not seen in our lifetimes. People said it was unfair to compare the scandals of the Trump regime to Watergate, but in reality, this is far, far worse than Watergate. And I think we have still only seen the tip of the iceberg. We need the members of both chambers of Congress to grow some cojones and step up to the plate, acting in the best interest of the nation, not their own selves and not DDT!
    Hugs!!!

  3. Dear Jill,

    The congressional recess is right around the corner. This is going to be a cliff hanger. I am ready to go to Washington DC to protest if this goes down. This time Congress better grow a pair or the peoples will cut them off.

    Hugs, Gronda

  4. Reblogged this on Filosofa's Word and commented:
    One of my favourite bloggers, Gronda Morin, is supposed to be on vacation in order to recover from a bad case of “trump-itis”, but while soaking in the sun and surf, she simply cannot stay away from the fray! Today she poses a very interesting question … merely a speculation … but of late we have learned that even our wildest imaginings can become reality. Take a minute, if you will, to read Gronda’s post and think about this purely hypothetical scenario. Many thanks, Gronda, for both the post and permission to share!

    • Dear Jill,

      I wouldn’t have blogged on this if I did not think this scenario was a real possibility. The players involved including DDT and Steve Bannon are so desperate to shut down this investigation, that they would be willing to risk the fall out from such a move.

      Thanks a million for all your support and for this reblog.

      Hugs, Gronda

      • I agree … I had not considered this option until I read crustyolemothman’s comment on your other post, and then my mind, like yours, started spinning. I think it is a VERY real possibility … one that I hope doesn’t come to pass. Isn’t it a shame that such games have to be played just to keep the president from destroying our country? 😥
        Hugs!!!

    • Dear Horty,

      It is worse than you think. There are those who are pushing DDT to fire Mr. Mueller because he is competent.. And given enough time he’ll figure this out the whole mess. When the former DNI head, US top spy Mr. Clapper says Watergate pales in comparison to this scandal, it is not an exaggeration. He has been talking about the USA being under attack, both from without but also from within. And with these comments, I know that at least the IC community gets it.

      Steve Bannon in the WH would be the main proponent of this plan to fire the Attorney General Sessions and then Mr. Mueller. But the Mercers, Mr. Thiel are the money guys behind the scene who have been backing/ funding Bretibart, DDT, Cambridge Analytica, who are also pushing this plan. i’ll be sharing the info in a future blog.

      Even some republicans get it like Senator Burr of the Senate Intelligence Committee. I know this because the second chair of the Intel committee, Senator Mark Warner has made enough comments on this subject. I do wish there was that 9/11 independent investigative commission which had been set up.

      The players backing DDT know that there will be a huge fallout if this step is taken but anything is worth the risk to shut down the inquiry.

      Hugs, Gronda.

      • Dear Gronda … this is so scary and surreal! I can’t believe this is happening in the US.
        On another note, to try understanding how we got here, I highly recommend reading Naomi Klein’s new book .. ‘No is not enough’. I started reading it and it’s excellent. Hugs, sweet one … still on vacation? Lol

        • Dear Horty,

          I am a follower/ admirer Noami Klein and I will be reading her book. Thanks for this info.

          Yes, today I’m staying with my friend in Sarasota. We are planning for a lunch/ movie and then I’m heading home.

          Yes, these are tough times and we need to remain tough and resolute in return. It really is as bad as You think!

          Hugs, Gronda

  5. Thank you again Gronda for this insight into constitutional the workings of the USA.
    Again I have to refer back to my ‘old saw’- with a variation on words ‘History, suggests these folk have no idea of the social and political forces at play’. A bit like leaves in a stream really.
    The current Whitehouse occupant would have done well to have read a few histories and the constitution.

    • Dear Roger,

      I have always been wary of those who don’t like to read and the US president is one of those folks. He has referenced famous peoples who have been long gone but he acted like they were still here, like Frederick Douglas.

      Hugs, Gronda

  6. In the end, the President of The United States of America is nothing more than a petulant man-child throwing tantrum after tantrum about the rules that prevent him from doing whatever he wants, whenever he wants. I wish he’d just settle for a lollipop, or a new toy.

    • Dear JunkChuck,

      It is sad that a man has to learn at 71 years old that there are rules, and that he can’t always get his way. He is going to be very miserable to where he will wish that he never thought of becoming president.

      Hugs, Gronda

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