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Post by timmullen on Nov 13, 2024 22:05:10 GMT
I suspect they are willing to defer to him for relatively minor positions but Gabbard for DNI and Gaetz for AG? These are just crazy picks that wouldn't get half a dozen GOP votes in a secret ballot. This probably also ends any idea that the Senate will accept Trump's demands to allow him to make recess appointments. Could Mike Johnson force it though?? If he requests that the House adjourns and the Senate says no, that would give Trump the opportunity to step in, as outlined in this thread below?? Section 3 says: he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper so I guess if he tries to do it he’s going to have to convince SCOUTS that these are “extraordinary Occasions”.
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Post by doktorb🏳️🌈🏳️⚧️ on Nov 13, 2024 22:05:13 GMT
Talk about "dictator on day one" Our old friend unitary executive theory. He’d rather not consult the Senate. Trump is not an absolute monarch. He's acting like a dictator *already*.
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Post by Forfarshire Conservative on Nov 13, 2024 22:09:20 GMT
Word of the 47th Presidency.
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Sibboleth
Labour
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Post by Sibboleth on Nov 13, 2024 22:52:18 GMT
Section 3 says: he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper Ah yet another case where the incredibly shoddy drafting of the United States Constitution allows for some thoroughly demented barrack room lawyering to pass as semi-credible on first glance. But not on second: this would be a brazenly unconstitutional move. Though with Roberts Court one never does quite know.
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Post by greatkingrat on Nov 13, 2024 23:03:17 GMT
Could Mike Johnson force it though?? If he requests that the House adjourns and the Senate says no, that would give Trump the opportunity to step in, as outlined in this thread below?? Section 3 says: he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper so I guess if he tries to do it he’s going to have to convince SCOUTS that these are “extraordinary Occasions”. The way I read it is the "extraordinary occasions" only applies to the convening both Houses bit. Otherwise there would be no way to resolve a disagreement between House and Senate about adjournment when the circumstances aren't extraordinary.
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Post by doktorb🏳️🌈🏳️⚧️ on Nov 13, 2024 23:07:03 GMT
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Post by Forfarshire Conservative on Nov 13, 2024 23:27:26 GMT
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Post by riccimarsh on Nov 13, 2024 23:28:01 GMT
Section 3 says: he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper so I guess if he tries to do it he’s going to have to convince SCOUTS that these are “extraordinary Occasions”. The way I read it is the "extraordinary occasions" only applies to the convening both Houses bit. Otherwise there would be no way to resolve a disagreement between House and Senate about adjournment when the circumstances aren't extraordinary. This was my interpretation too (I am not constitutional law expert by any means, though).
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Post by timmullen on Nov 13, 2024 23:36:42 GMT
Section 3 says: he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper so I guess if he tries to do it he’s going to have to convince SCOUTS that these are “extraordinary Occasions”. The way I read it is the "extraordinary occasions" only applies to the convening both Houses bit. Otherwise there would be no way to resolve a disagreement between House and Senate about adjournment when the circumstances aren't extraordinary. It’d need some research into a not too long ago case when IIRC the Obama Administration challenged McConnell’s tactic of adjourning the Senate rather than putting it into Recess simply to prevent him making Recess Appointments (I think they were to the National Labor Relations Board); I’m guessing that Obama’s legal advice was that he couldn’t overrule McConnell and invoke that part of the Constitution, but SCOTUS’ written judgment may shed some light on it.
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stb12
Top Poster
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Post by stb12 on Nov 13, 2024 23:40:48 GMT
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Post by riccimarsh on Nov 14, 2024 0:04:26 GMT
The way I read it is the "extraordinary occasions" only applies to the convening both Houses bit. Otherwise there would be no way to resolve a disagreement between House and Senate about adjournment when the circumstances aren't extraordinary. It’d need some research into a not too long ago case when IIRC the Obama Administration challenged McConnell’s tactic of adjourning the Senate rather than putting it into Recess simply to prevent him making Recess Appointments (I think they were to the National Labor Relations Board); I’m guessing that Obama’s legal advice was that he couldn’t overrule McConnell and invoke that part of the Constitution, but SCOTUS’ written judgment may shed some light on it. The case was National Labor Relations Board v. Noel Canning, and the 108 page opinion is below if anyone does indeed care to figure out how its holding applies to the potential Trump recess appointments today: supreme.justia.com/cases/federal/us/573/12-1281/case.pdf
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Post by riccimarsh on Nov 14, 2024 0:12:12 GMT
Gaetz has already resigned from Congress, just 8 days after being elected:
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Post by timmullen on Nov 14, 2024 0:17:20 GMT
Gaetz has already resigned from Congress, just 8 days after being elected: There’s personal and political logic to that. Political - DeSantis can start the Special Election clock earlier, thereby leaving the GOP a seat short for a few weeks less. Personal - presumably it stops the Ethics Committee probe into his alleged misdemeanours which then can’t be used against him in Senate confirmation hearings.
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Post by riccimarsh on Nov 14, 2024 0:49:55 GMT
Gaetz has already resigned from Congress, just 8 days after being elected: There’s personal and political logic to that. Political - DeSantis can start the Special Election clock earlier, thereby leaving the GOP a seat short for a few weeks less. Personal - presumably it stops the Ethics Committee probe into his alleged misdemeanours which then can’t be used against him in Senate confirmation hearings. Yes, I think that’s spot on. Apparently the House Ethics Committee were going to vote on whether to release their report about Gaetz tomorrow (Friday).
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Post by timmullen on Nov 14, 2024 1:22:56 GMT
There’s personal and political logic to that. Political - DeSantis can start the Special Election clock earlier, thereby leaving the GOP a seat short for a few weeks less. Personal - presumably it stops the Ethics Committee probe into his alleged misdemeanours which then can’t be used against him in Senate confirmation hearings. Yes, I think that’s spot on. Apparently the House Ethics Committee were going to vote on whether to release their report about Gaetz tomorrow (Friday). I wonder if the Senate Judiciary Committee could subpoena it, or does it have to be published first?
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Post by sanders on Nov 14, 2024 7:41:06 GMT
Now there is your election interference! Musk will die on this hill. Nominating Trump diehards worked so well! Look at Arizona if you're unsure! Or at Washington's 3rd Congressional District. Trump does well - his acolytes don't! One way to lose congressional majorities! Musk is a gift for Democrats!
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J.G.Harston
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Post by J.G.Harston on Nov 14, 2024 8:22:46 GMT
Word of the 47th Presidency. Hold on, don't we demand that our elected politicians be representative of the population? Half the population are below average, so we must insist that half of politicians are below average. 5% of the population are morons, 5% of politicians must be morons.
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J.G.Harston
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Post by J.G.Harston on Nov 14, 2024 8:27:35 GMT
The way I read it is the "extraordinary occasions" only applies to the convening both Houses bit. Otherwise there would be no way to resolve a disagreement between House and Senate about adjournment when the circumstances aren't extraordinary. It’d need some research into a not too long ago case when IIRC the Obama Administration challenged McConnell’s tactic of adjourning the Senate rather than putting it into Recess simply to prevent him making Recess Appointments (I think they were to the National Labor Relations Board); I’m guessing that Obama’s legal advice was that he couldn’t overrule McConnell and invoke that part of the Constitution, but SCOTUS’ written judgment may shed some light on it. I'm sure there's a CPG Grey video about this process. I'll have a look when I get home.
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Post by uthacalthing on Nov 14, 2024 8:54:58 GMT
It's genius. The Senate can refuse one, maybe two, and he has provided fireproof cover for his number 3 most bonkers pick
A nation does not elect Trump if it wants a change of swamp.
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mboy
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Post by mboy on Nov 14, 2024 9:03:04 GMT
Most of the hysterical reaction to Musk's appointment is just more Musk Derangement Syndrome from people who still haven't got over their grief from when he trashed the loony-left echo-chamber that Western journalists were successfully turning Twitter into. It's an advisory role that will end up making hilarious proposals like "Abolish the Department of Transportation", which Trump can take or leave as he sees fit. It's hilarious that the lefty media is trying to portray Musk as someone who just wants to make more money for himself, when any observation of him and biographies of him are perfectly clear that he's never been much interested in personal wealth - he's only interested in goals (currently Mars). The US govt will benefit way more than anyone else in the world if Musk clears out the pen-pushers currently trying to tie down SpaceX for political reasons. Matt Gaetz as AG will be hilarious "bantz" in a disruptive sort of way. He's obviously been picked as someone will will reliably kill all the investigations into Trump and launch politically motivated investigations into whoever annoys Trump. His effect beyond that will be limited though. Tulsi Gabbard as Director of National Intelligence though is an entirely different train-wreck. This has serious real-world implications for both the USA and all its allies, including us in the UK. It is potentially a national security disaster, and allies should make it clear to Trump that we will consider the US a security liability if she is put into post. Not only is she herself a major liability, with all her absurd militant connections and beliefs, but the recent charges against a CIA operative for leaking Top Secret plans to Iran show that the US security services are already badly compromised - and throwing in a grenade like Gabbard will likely lead to even more insanity inside the intelligence community as both left and right-wing 5th columnists get motivated to play out their own destructive agendas as a result. If the Senate has the balls to block just one appointment it must be her. www.theguardian.com/us-news/2024/nov/13/cia-leak-israel-iran-attack-asif-rahman
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