Instead, the next in line to be Acting AG if Rosenstein is out is Noel Francisco. That’s as opposed to replacing Sessions, where the replacement would become Acting AG themselves...
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Replying to @steve_vladeck @matthewamiller and
Steve’s view — that Francisco would be acting AG for Mueller — appears to be the view that DOJ/OLC is taking. But the contrary view, i.e. that Pruitt could come in and be a double-acting, is sufficiently plausible that if Trump insisted on it he could probably get away with it.
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Replying to @EricColumbus @matthewamiller and
Sure, but if Trump wants Mueller out that badly, why not avoid the issue by firing _Sessions_, and replacing _him_ with someone like Pruitt?
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Replying to @steve_vladeck @matthewamiller and
There may be a higher cost to Trump — espec among GOP members of Congress — if he fires Sessions
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Replying to @EricColumbus @steve_vladeck and
Yep. Which suggests the "better" move from Trump's POV would be to fire Rosenstein, then name an acting for DAG who's either a confirmed sub-cabinet official or a political appointee at DOJ who's served there at least a year.
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Replying to @KDbyProxy @EricColumbus and
That person (Acting DAG) probably would not exercise AG's authority for Russia investigation -- Francisco would.
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Replying to @marty_lederman @EricColumbus and
I'm of the view the Vacancies Act can be employed here (even for a fired DAG). So how someone can be Acting and yet not have the full authority of an Acting, I don't know.
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Replying to @KDbyProxy @EricColumbus and
Yes, VRA can be employed for DAG. But Acting DAG can't exercise functions of AG.
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Replying to @marty_lederman @KDbyProxy and
Or, more to the point, the Acting DAG can’t serve as Acting AG.
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Replying to @steve_vladeck @KDbyProxy and
Steve and I agree on this (and, I think, on the other 1001 questions floated in this thread).
@emptywheel, you initiated this: Any questions still unclear that you were wondering about?1 reply 0 retweets 0 likes
I think I get the succession. I'm still curious about what happens after Trump replaces Rosenstein -- what happens to existing team, to any sealed indictments, etc.
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Replying to @emptywheel @steve_vladeck and
Well, replacing RR doesn't itself affect Mueller, except to give Francisco authority to supervise him.
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Replying to @emptywheel @marty_lederman and
Could the author of SCO regulations
@neal_katyal please weigh in ? :)0 replies 0 retweets 0 likesThanks. Twitter will use this to make your timeline better. UndoUndo
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