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Tim Hogan @TimInHonolulu
, 41 tweets, 34 min read Read on Twitter
1. 90% a coup is under way. Whitaker had same job my brother had. AG Chief of Staff. Not Senate confirmed. Cannot be AG. Whitaker was US attorney but not now. I think he his not qualified to act meaning FISA now shut down. @NSAGov @FBIWFO @neal_katyal can you chime in please?
2. Congress addressed this in 28 USC 508. Whitaker is not the lawful AG. Mueller should unseal all the indictments. Do it now while you can. @FBIWFO law.cornell.edu/uscode/text/28…
4. Here is the statute that Congress enacted and amended after Watergate:
"(a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section
5. 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General.
(b) When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office
6. of Attorney General, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General."
7. MSNBC get people off the air who are not addressing this statute. If I'm wrong show me. (Born in Missouri). Don't put on unschooled talking heads. Put @neal_katyal on. Neal is knowledgeable. Ask him to address 28 USC 3345. @maddow @Lawrence @MaddowBlog @JonLemire @Acosta
8. Taking @matthewamiller STFU up on taking to the streets you moran. That's what Putin wants you fool. Address 3345 or stay off the air. Got it @matthewamiller?
9. People with FISA standing like a social media or phone companies should rush to federal court to enjoin @Trump from appointing someone without Constitutional authority to operate #FISA. @Twitter @facebook @ATT @sprint @NSAGov @FBIWFO @DefenseIntel
10. @AriMelber is a so-so reporter but a D- Attorney. Read the statue Ari. Whitaker is not senate confirmed and can't run any cabinet position. According to @MSNBC morns a guy who worked for @FoxNews is now 7th in line to the presidency. Stop amplifying propaganda.
11. Read 28 U.S. Code § 508. Under non DOJ federal vacancy act, Whitaker could not move from Chief of Staff of HUD to Acting Secretary. He's not a lawful AG. Report it. @CNN @AP @brianschatz @maziehirono
12. Looked at the legislative history of 28 USC 508. Can't find a report addressing it but it was Carter admin. After Watergate. It was reaction to Nixon Sat Night Massacre. Here is the PL. That is what controls. Language in 28 USC. 508. Not ambiguous. "Shall" = no discretion.
13. Somebody needs to tee this up in the DC District court. I need to research but think declaratory judgment might do it. And the Russian trolls are in this thread. @FBIWFO
14. Russian Trolls are in my thread. Rare for me for reasons Russian troll told me in 2014 during my work to stop them in Ukraine. Also, if I'm right, Mueller knows & will move to unseal his work or move it all to National Security Division or bit of both. Yay! Dems won house. 😬
15. Just remember this is the second Attorney General @realDonaldTrump fired. He fired @SallyQYates as I recall three days after she told @whitehous Flynn was caught lying to the @FBIWFO and the Russians knew. Likely Trump is a Russian intel asset. So Whitaker is a possible mole.
16. Shout out to @neal_katyal even though he did not go into 28 USC 508 he did address Justice Thomas' opinion where he made it clear that appointment clause is the controlling authority. Called Whitaker "a constitutional nobody." Essentially Whitaker is just a staffer.
17. Another way to look at this is, Sessions was recused for a mandatory confict of interest under the DOJ Regulations. How can his staff member do what it was illegal for Sessions to do?
18. IMO #Rosenstein is the current lawful acting AG under 28 USC 508 not Whitaker who is acting without lawful Constitutional authority. Like @BarackObama's recess appointment on the NLRB #SCOTUS should find every official act Whitaker takes is likely void including #FISA.
19. Prior to FISA similar issue arose in U.S. v. Guzek, 527 F.2d 552 (8th Cir., 1975) regarding Title III warrant re Bork's authority as temporary appointment like Whitaker. But Bork was senate confirmed. My point: defective AG means bad warrants. @neal_katyal @NSAGov @FBIWFO U.S. v. Guzek, 527 F.2d 552 (8th Cir., 1975)
20. I do not presume @WhiteHouse counsel is unaware they are running defective FISA. I can only conclude that they are ALL co-opted by Russian intelligence services. Olympus has fallen. This is not a drill. @DefenseIntel @CIA @NSAGov @ODNIgov @WHNSC @MarkWarner @RepAdamSchiff
21. Please don't take to the streets. It's what #Putin wants you to do. Call your members of Congress. Demand they move to declare Whitaker appointment illegal. Our system still works. I promise to say when I don't think that is true. @maddow @Lawrence @MaddowBlog #ProtectMueller
22. Want to know what Whitaker wants to get a look at so he can tell Trump & Trump can tell Putin? What's under the redactions on this document. Putin would kill for it. All Trump had to do is violate 28 USC 508 @FBIWFO @DefenseIntel @NSAGov @ODNIgov @MarkWarner @RepAdamSchiff Mueller investigation authorization.
23. @JoyceWhiteVance enjoy your DOJ insight but know of no AG Chief of Staff who became Acting AG. You just appeared on @11thHour & inferred you did. Can you please share who? If misspoke perhaps correct record. PS My brother was Janet Reno's Chief of Staff. @11thHour @NSAGov
24. One way to understand why the authority of the Attorney General isn't just handed over to a TV personality who hasn't been confirmed by the Senate as required by 28 USC 508 unlike a dept like HUD, it's because HUD Secretary doesn't sign off on killing people. AG's do. @NSAGov
25. Intel & Judiciary Commities should demand Whitaker's full FBI background report + all his #702FISA unmasked for view in SCIF. If @SenateGOP @HouseGOP won't cooperate, then @NancyPelosi should put Whitaker impeachment on floor Tues. for being legally unauthorized to be AG.
26. I see Prof. Tribe (@tribelaw) concurrs the Whitaker apointment is illegal.And that action should be brought imediately in district court to declare it. When X #DOJ like @JoyceWhiteVance say this may have happened before pin them down. @maddow @Lawrence @msnbc @mitchellreports
27. In order to cure the jurisdictional defect in everything Whitaker does purporting to be the acting AG, I recommend that Rod Rosenstein co-sign every warrant application and other such material until congress or the district court removes Whittaker. @FBIWFO @NSAGov @DoD_IG
28. If you're wondering when I started to worry about who was the AG Chief of Staff for reasons somewhat related to this thread, it started about 40 days into the Trump administration. Here is a redacted page from a FOIA response addressed to the issue. DOJ FOIA response re AG Chief of Staff
29. On @cnn Michael Zeldin just said something patently false about AG succession. He said that 28 USC 508 needed to have the AG fired. No such language appears in it. Please don't allow these unqualified people to speak as experts. @JohnKingCNN See law.cornell.edu/uscode/text/28…
30. Let's hope this is the start of the road back to law and order at the DOJ and NSA. IMO Rob Rosenstein IS the acting AG. Nuff said. @NSAGov @fbiwfo @DoD_IG
31. #Whitaker Update: Here's the great state of #Maryland agreeing with my #Whitaker analysis 28 USC 508 controls. I'll put complete filing on TimInHonolulu.com I don't think it addressed warrants in particular FISA. That's a @ODNIgov emergency IMO. @FBIWFO @NSAGov @maddow Page from Maryland Brief.
32. Here's link to my blog site with the full filing. Guess who's in Maryland? 🕵️‍♀️That's who. Phone & Internet folks should join the motion. Simple joinders. Just site 50 U.S. Code § 1805(i) for standing. @NSAGov
@att @verizon @sprint @TMobile @comcast
Cite. Yikes. Long day. Yeah but I'm just a lousy proof reader.
33. Here is the scheduling for the motion in Maryland case to declare Rosenstein and not Whitaker acting AG . They are not pressing for prompt ruling as you would in a TRO. The judge is accomodating Amicus. IMO big play will be in FISC. @maddow @Lawrence @MaddowBlog @neal_katyal MInute order on schedule
34. Quick response to Asst. AG Steven Engel's Memo trying to fix #Whitaker mess. OLC tone says IMO they know they stepped in it. That aside OLC concedes that had the term "shall" been in 508 rather than "may" they'd be toast. But he doesn't address what 508 is. OLC calls it part
35. of the DOJ "organic" statute. But that's inaccurate. It's part of the Judiciary Art III "organic" statute evidenced by the fact that it is in Title 28 and not in Title 5 that relates to the Executive branch. 508 says who "may" exercise the AG power in the AG absence.
36. OLC argues @POTUS can appoint an inferior officer like #Witaker. But US Code provides who may perform AG principal officer duties under 508. The major flaw in the OLC memo is it admits #Whitaker is NOT a principal officer thus admit cannot perform as AG under Title 28 508. Page 7 from Office of Legal Counsel memo
37. When an inferior officer attempts to exercise the power of the AG especially as it relates to Art III Court related DOJ functions and in particular Title III and #FISA warrants it fails because only Deputy AG his/her successor "may" exercise AG power. law.cornell.edu/uscode/text/28…
38. Finally, OLC points to instances where other administrations elevated a Chief of Staff. But one thing OLC could not point to is a DOJ Chief of Staff being appointed acting AG because because it is illegal. This is a Coup. If this stands we are finished as a nation of laws.
39. Every @uscourts Art III and Art I judge should refuse to permit any US Attorney or Assistant USA from presenting a Title III or FISA warrant application. They cannot speak out but they can stop this assault on our laws. Shut it down until Whitaker is gone. @NSAGov @FBIWFO
40. Finally, while posting OLC memo on TimInHonolulu.com & looked at it again. It's from Steve Engle Asst AG to Emmet Flood who is @Trump's criminal defense atty as "Counsel to the President" not @Whitehouse counsel. Coup prediction is now at 99%. @NSAGov @DoD_IG @FBIWFO
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