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Eric Columbus @EricColumbus
, 3 tweets, 2 min read Read on Twitter
It’s not clear that Trump could legally fire Sessions and replace him with Pruitt — it’s disputed whether the Federal Vacancies Reform Act applies to firings as opposed to resignations/death. 1/
That’s why WH claimed (laughably) that VA Secretary Shulkin resigned when it was obvious he had been fired. 2/ politico.com/story/2018/03/…
Any action taken by someone appointed in violation of the FVRA “shall have no force or effect.” Read @NormEisen and @VBass for more on how this could play out. 3/end politico.com/magazine/story…
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More from @EricColumbus see all

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As the year draws to a close, I’d like to recommend a personal holiday tradition: reading James Joyce’s lovely yet bracing novella “The Dead,” which can be found at this link. Please indulge me for a few tweets. 1/ ebooks.adelaide.edu.au/j/joyce/james/…
Unspooling over the course of a holiday party and the hours that follow, the story, which is easily readable in one sitting, is a useful bookend to another seasonal classic, “It’s a Wonderful Life.” 2/
If the lesson of “It’s a Wonderful Life” is that you may loom larger in others’ lives than you think, the lesson of “The Dead” is that sometimes you don’t. 3/
Read 7 tweets
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Does Trump lack interest in Jamal Khashoggi's murder because the man's name brings back bad memories of the time he bought a fancy yacht from Khashoggi's uncle but had to sell it at a loss to a Saudi prince who became a big enemy of MbS? Let's dig in. 1/
Adnan Khashoggi, uncle of Jamal, was an international man of mystery -- a Saudi billionaire arms dealer who lived large and was entangled in all sorts of scandals, including Iran-Contra. 2/ nytimes.com/2017/06/06/wor…
Khashoggi also had a very, very nice boat, a 282-foot yacht built in 1980 with five decks, a disco, a movie theater, helipad, etc. – at the time the 8th biggest yacht in the world. 3/ yachtharbour.com/news/serial-ya…
Read 18 tweets
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In light of AMI’s deal with DOJ to avoid prosecution for paying off Karen McDougal, I’m re-upping my old, speculative thread on Trump/Weinstein similarities in the dark arts of quashing scandals. Both used AMI CEO David Pecker to bury sex stories. Is there other overlap? 1/
Pecker tried to use "catch and kill" to bury stories about sexual assault allegations against Weinstein. Many women have accused Trump of the same. Did Pecker kill any of those stories like he did with McDougal? 2/
Jessica Drake reportedly signed an NDA to stay quiet about allegations that Trump kissed her against her will (and offered her $10K for sex, which she declined). Were there other such NDAs? Was David Pecker involved?
Read 6 tweets

Related threads

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(Thread) So why do people keep saying Whitaker’s appointment as Acting Attorney General is illegal?

Here’s an explainer.

Maryland initiated a legal challenge when it asked a court to find that Whitaker’s appointment is illegal.
The doc is here:
marylandattorneygeneral.gov/News%20Documen…
1/ Maryland asked the court to stop Whitaker from assuming authority of the DOJ, or to find that Rosenstein is by law acting Attorney General (AG)

A few legal scholars, including @jedshug & @tribelaw, filed an Amicus Brief supporting Maryland’s arguments: drive.google.com/file/d/0B6Hcbe…
2/[An Amicus Brief is offered to the court by a person or group not party to the action, but with an interest in the case]
law.cornell.edu/wex/amicus_cur…
Facts: The day after the midterm election, Trump "caused" Jeff Sessions to submit an undated letter resigning as US Attorney General.
Read 15 tweets
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It seems that we have our first 'test case' involving SCOTUS & the Trump Admin. This should be very, very interesting given the balance on the court now. Something to pay attention to. #SaturdayMorning washingtonpost.com/world/national…
2/"Lawyers challenging the appointment of Matthew G. Whitaker as acting attorney general asked the Supreme Court on Friday to step in and declare that someone else should serve in the role. The filing by lawyer Thomas C. Goldstein, who earlier this week filed a motion in federal
3/"court on behalf of Maryland’s attorney general challenging Whitaker’s appointment, is a novel attempt to undo President Trump’s choice to lead the Justice Department after Jeff Sessions was forced out as attorney general on Nov. 7. Whitaker was serving as Sessions’s chief of
Read 15 tweets
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Grassley to Feinstein - Sessions and Whitaker

@drawandstrike @HNIJohnMiller @catesduane @rising_serpent @Debradelai @GodlessNZ @almostjingo @tracybeanz @TheChiIIum @hfinch63

judiciary.senate.gov/download/2018-…
Dear Ranking Member Feinstein:
This letter responds to your two letters, both dated November 13, 2018, regarding former Attorney General Sessions and Acting Attorney General Matthew Whitaker.

First, every Attorney General works only at the will of the President.
Former Attorney General Sessions submitted his resignation last week at President Trump’s request. President Trump is entitled to nominate an Attorney General of his choosing. While the Senate is never a rubber stamp for any president,
Read 17 tweets
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Q 2462 9 Nov 2018 - 5:32:17 PM
Logical thinking required.
A)How can arrests occur prior to removing the corruption from the DOJ & FBI?
B)How can arrests occur prior to safely securing a majority in the SUPREME COURT [CONSTITUTION - RULE OF LAW]
C)What is the role of the SENATE?
>Role of GOODLATTE?
>Role of GOWDY?
>Role of SESSIONS?
>GOODLATTE, GOWDY, and SESSIONS *ALL* RESIGNED
>GOODLATTE, GOWDY, and SESSIONS *ALL* RESIGNED.
>Who did SESSIONS appoint in NOV 2017?foxnews.com/politics/sessi…📁
>Who is HUBER?
>Who RE_CONFIRMED HUBER?
>WHO ORIGINALLY APPOINTED HUBER?
>IMPORTANCE OF PARTISAN OPTICS?
>Mandate charged to HUBER?
>Resources provided to HUBER?
Read 22 tweets
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So this was a straight up firing and not a resignation – not even a fake resignation. Doesn't that mean that Rod Rosenstein becomes acting AG and Trump doesn't get the privilege of appointing one? @kaitlancollins @YesMomsCan @Delavegalaw
1998 Federal Vacancies Reform Act gives the president the authority to temporarily move a Senate-confirmed political appointees into a vacant position when the predecessor dies or resigns...In the case of firings, the federal govt has a succession plan.
cnb.cx/2QUW9Ea
Per @NormEisen: "Under 5 USC 3344, the president cannot fire a Senate confirmed official and replace him with a person of his choosing. Sessions was constructively fired."
Read 25 tweets
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SO. I hear people are curious about the Federal Vacancies Reform Act of 1998 this morning. Here's a thread.
We've had a few times already this administration where the Vacancies Reform Act has mattered. Remember Sally Yates? The summer talk about Sessions? Rich Cordray and the CFPB? Shulkin and the VA?
The law is an attempt to keep government offices running smoothly when an important office is vacant, and it is found in 5 USC 3345 —> law.cornell.edu/uscode/text/5/…
Read 13 tweets

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