Supreme Court Hands Trump Huge Win In Landmark Presidential Harassment Case

Source: USA Today

The left has used every means at their disposal to damage and thwart Trump from enacting his agenda. And they keep losing.

Every action has an opposite reaction and the left should realize that this level of presidential harassment will come back to haunt them. One day a Democrat will be in the Oval Office again and they will have reaped what they sowed.

From The Washington Examiner: The Supreme Court on Monday refused to take up a challenge to President Trump’s appointment of Matthew Whitaker as acting attorney general.

The vehicle for the challenge to Whitaker’s appointment was a case against the attorney general, then Jeff Sessions, filed by a Nevada man convicted of nonviolent felonies who was seeking restoration of his right to possess a firearm.

Lawyers for the man, Barry Michaels, asked the high court to substitute Deputy Attorney General Rod Rosenstein as acting attorney general, contending the appointment of Whitaker violated the Constitution and federal statutes.

Trump named Whitaker as acting attorney general after Sessions was forced to resign in November.

“This is an extraordinary case in which the identity of the successor is both contested and has important implications for the administration of justice nationally,” lawyers for Michaels wrote in court filings. “This motion seeks to resolve the dispute.”

In addition to denying the request to substitute Rosenstein as acting attorney general, the justices also turned down Michaels’ appeal.

After Trump tapped Whitaker to replace Sessions, the appointment quickly came under scrutiny and prompted several legal challenges.

From The Political Insider:

Michaels also raised a constitutional issue, arguing that the appointments clause requires Senate confirmation for all principal officers of the government, even those serving in an acting capacity. Whitaker was chief of staff to former Attorney General Jeff Sessions prior to his appointment, which is not a Senate-confirmable position.

The justices rejected that motion in a brief order Monday morning. As is typical of such matters, the order was unsigned and no explanation was provided.

Maryland Attorney General Brian Frosh filed a similar motion in an ongoing Affordable Care Act case before a federal trial court in Baltimore.

The Justice Department’s Office of Legal Counsel, which advises the executive branch on a range of legal issues, issued an advisory opinion confirming the legality of Whitaker’s appointment in November 2018.

President Donald Trump has since nominated William Barr for the attorney generalship. Barr will appear before the Senate Judiciary Committee for a confirmation hearing on Tuesday.


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