, 6 tweets, 2 min read Read on Twitter
Both the Bureau of Prisons and the cabinet agency it’s in, the Department of Justice, have acting heads at this time. So I believe President Trump is the only elected or confirmed official in the entire chain of command, and he’s on a golfing trip to Florida.
The Appointments Clause of the Constitution is in part intended to prevent situations like this, in which the only publicly accountable official with authority is so lofty and remote that he doesn’t attend to the problems his unvetted subordinates foster.
Confirming this— By law, 18 USC 4041, the Director of the Bureau of Prisons is appointed by and serves directly under the Attorney General. So there’s no Senate-confirmed official anywhere in the chain of command supervising the humanitarian crisis at MDC. justice.gov/jmd/organizati…
To my knowledge, even though it’s been months since challenges were first presented, no federal court has opined on the constitutional validity of Whitaker’s designation as AAG. (SCOTUS denied one challenge without comment at the same time it denied cert for the related case.)
There’s an evidentiary hearing set for Tuesday at 11a to settle the contradictory factual accounts of conditions in the prison.
detention center,* that is—though run by the BOP, it’s not a prison.
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