I Smell Fake News

Acting Attorney General Sally Yates, an Obama holdover, thrills her future employers by refusing to put the weight of the DoJ behind Trump's travel ban. Even the Times admits this gesture is somewhat symbolic since she is on her way out and Jeff Sessions is on his way in, but they include this odd detail:

Mr. Trump has the authority to fire Ms. Yates, but as the top Senate-confirmed official at the Justice Department, she is the only one authorized to sign foreign surveillance warrants, an essential function at the department.

Say what? I am not an authority on departmental succession but I have seen the trailers for "Designated Survivor" and I can't believe there is no Plan B if, God forbid, Ms. Yates is hit by a car or taken ill in the next few days.

So send in the lawyers! [SPOILER ALERT: Team Lawfare is all over this, and I am mostly right] This looks like the key bit of the FISA Act:

50 U.S. Code § 1801 - Definitions

...

(g) “Attorney General” means the Attorney General of the United States (or Acting Attorney General), the Deputy Attorney General, or, upon the designation of the Attorney General, the Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A of title 28.

As to where Acting Attorney Generals come from, this looks relevant:

5 U.S. Code § 3345 - Acting officer

Just to introduce some complications, here are the first few paragraphs:

(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—

(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;

 

(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or...

 

So just to stop there - it seems that so far, the Acting AG must come from the ranks of either the confirmed deputy or another officer high enough in rank to have required Senate confirmation. It is possible that during the Obama/Trump transition the top people appointed by Obama and confirmed by the Senate have all left except Ms. Yates and there are no remaining senior Justice officials eligible under this clause. Lacking access to the DoJ roster, I don't know that to be true, but the Times story points that way.

But there are more provisions under which the President can make an appointment. Here are the next bits:

(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—

(A)

during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and

(B)

the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.

 

I think that means that anyone who has been with the DoJ at least three months with at least a GS-15 pay grade can take over any top spot on any acting basis. I could easily be wrong (Kiefer Sutherland skimmed over that point), and again, maybe all such people have moved on to their K-Street lobbying gigs. But that passage in the Times strikes me as a "too good to check" progressive fantasy rather than something the Times drilled down on. Then again, I would think that...

As I said, over to the lawyers! Aided by DoJ payroll and roster savants wherever they may be.

UPDATE: I guess we will find out - Trump has fired Yates and the new Acting AG is Dana Boente, former US Attorney for the Eastern District of Virginia. In that role he was subject to Senate confirmation and should qualify under paragraph (2). The bench may have been deeper than the Times realized.

MORE: A Deplorable commenter noticed this Obama Executive Order, signed a week before he left. Quite likely the top appointees were heading for the exits, so it formalized a chain of succession for the Attorney General. Key takeaway - down the list a bit are some US Attorneys:

(a) United States Attorney for the District of Columbia;

(b) United States Attorney for the Northern District of Illinois; and

(c) United States Attorney for the Central District of California.

Next is a clause allowing the President to make any alternative legal appointment. Presumably, if one US Attorney is eligible another ought to be as well. Hence, Boente.

YET MORE: JustOneMinute gets results! The latest from the Times:

Administrations of both parties have interpreted surveillance laws as requiring foreign surveillance warrants be signed only by Senate-confirmed Justice Department officials. Ms. Yates was named as acting attorney general to allow her to continue signing those warrants. Mr. Boente was Senate confirmed as United States attorney and, though the situation is unprecedented, the White House said he was authorized to sign the warrants.

Well, it is not just the White House saying so. Even hack legal wanna-bes like me can see this logical thread, so I am sure the high-priced talent at the Times can do the same.

Now, we are all wondering what the Times does with their first, pre-firing story, which included this bit of speculative fiction:

Mr. Trump has the authority to fire Ms. Yates, but as the top Senate-confirmed official at the Justice Department, she is the only one authorized to sign foreign surveillance warrants, an essential function at the department.

Not a lot of caveats there, yet the Times no longer stands by it. Correction, with embarrassing editor's note, or midnight revision? Time will tell!

APPARENT RESOLUTION: It never printed so it never happened. This was a fast-moving story so the original article never made the print edition, and has now been disappeared. The original link to "Acting Attorney General Orders..." now re-directs to the current version, "Trump Fires...". And the original problematic paragraph disappears.

To Be Fair, that paragraph appeared with no sourcing at all, which may have been a waving red flag even within the Times newsroom. Still, folks were citing that bit of misinformation yesterday. Breaking news remains an ongoing challenge in the Twitter/Trump era.

LEST WE FORGET: A screenshot of the original story:

Comments

[henry]

Nice digging TM! n dimensional bureaucratic chess at work.

[Miss Marple the Deplorable]

https://obamawhitehouse.archives.gov/the-press-office/2017/01/13/executive-order-providing-order-succession-within-department-justice

Here;s another thing I came across. Since these three DA's are notoriously liberal, looks like the whole thing has been a set up.

McConnell needs to get Sessions confirmed quickly.

[jor]

TM too bad you don't work for the trump administration -- maybe you could help coordinate their shit show.

DHS Sec learning of order while its signed. Congres s completely out of the loop.

sounds like the we are in for 4 years of complete incompetence.

Can't imagine whats going to happen when something unexpected occurs.

[Account Deleted]

At least there's transparency and not media blackout secrecies.

[lurkersusie]

Sean Spicer ‏@PressSec
.@POTUS has named Dana Boente, US Attorney for the Eastern District of VA as Acting Attorney General. Sally Yates has been relieved.

[buccaneer morgan]

As I asked in the thread, she was the us atty for the northern district of Ga since 2010, anybody know anything else about Yates.

The only reference i see about the visa revision law is a mischaracterization in Carlos slim, in an aside about GOP reactions

[Momto2]

BOOM!

Sean SpicerVerified account
‏@PressSec

.@POTUS has named Dana Boente, US Attorney for the Eastern District of VA as Acting Attorney General. Sally Yates has been relieved.

[Momto2]

lurkersusie - you're fast :)

[lurkersusie]

Wow, read Trumps statement.

Jon Favreau
Jon Favreau – Verified account ‏@jonfavs

If the OLC really approved the order, there should be a memo, and they should produce it. https://twitter.com/zekejmiller/status/826253283002040320 …

[Beasts of England]

That was easy!

[jor]

KevlarKid -- lol, that has to be a joke. SeanSpicer is on track to out do BaghdadBob -- and this is week 1. Completele, total lies, every day. not even controversial. just straight out lies. continuously. unprecedented in either republican or democratic administration.

I guess character matters.

I use to think Republicans thought that was important, but I guess not. Serial liar, adulterer, cheater, who de-frauds the gullible (c.f. Trump U) -- now President of the U.S.
good job guys.

CHARACTER. Please teach your kids.

[buccaneer morgan]

Ever since he turned over iron man to Shane black he's never been the same.

[Neo]

https://disq.us/url?url=https%3A%2F%2Ftwitter.com%2FPressSec%2Fstatus%2F826252730389954560%3Ap7AafYMauNE-NwA0lbOUDPS8OgM&cuid=4235850

[sbw]

Sally Yates - fifteen seconds of flame.

[Momto2]

sbw - sounds like an excellent headline to me! :)

[jor]

Yates should have just resigned.

But lets face it -- Trump presidency is a shit show. Wait till shit gets real.

CHARACTER. Teach your kids -- don't grab women by the pussy. Don't stiff contractors.

[lyle]

Eat shit, jor.

[jor]

Trump could institute Marshall law tomorrow because of negative media coverage and the idiots here would support him.

There is no line of deceny, humanity, or value that Trump can cross that you guys wouldn't support him.

As Trump said, he could shoot someone on 5th avenue, and you morons would still support him.

Grab em by the pussy!!!!

[Captain Hate]

and this is week 1

Time to adjust jor's prescription.

[Beasts of England]

That may have been the shortest-lived dem victory EVAH!! lol

[dublindave]

Sally fired.

Oh, but it was gloriously poetic while it lasted, was it not? The working gal V's the Dictator. The small town lady with an education and a dream V's the most powerful asshole on earth.

I love it. Yates was briefly the re-incarnation of Oskar Shindler. Innocent children were waiting to be sent to their deaths and Sally Yates stepped forward and said "Not on my watch".

There's beauty in that. And the fact cheto dust fired her so quickly and brutally turns her into an instant Martyr. Just like Jesus(who also didn't want to send children to their deaths-or held in warzones).

Sigh. Sally Yates and Obama in one day. Sigh.

[lyle]

He's gonna need an IV drip.

[Beasts of England]

What's 'Marshall law'?

[Skoot]

Trump: "...for individuals travelling from seven dangerous places..."

I'm partial to the British spelling myself. This sure is fun!

[jor]

lyle -- please name something Trump could do that would have you stop supporting him?

Lift sanctions on Russia? Etch Putin's face on Mount Rushmore? Drone attack an inner city school

There isn't a line. FACE IT. That was "grab em by the pussy".

Don't worry Conservative hero Ryan already named something that would lose his support and he caved like the con-man he is.

Like I said, conservatives use to care about character --- now they just care about POWER.

[lyle]

Sally's virtue signal just flat-lined. Troll pustules hardest hit.

[Captain Hate]

Marshall law

Rocket surgery being practiced.

[henry]

Beasts, a Marshall stack pretty much is the law. Especially turned up to 11.

[lurkersusie]

New attire judges?

Joe Biggs on Twitter: "Travis County Judge Wears "Pussy Hat" During Court Hearings. could you expect to have a fair trial especially as a man if you saw this? https://t.co/dJ10We0RcQ

[Beasts of England]

I should have known that, henry!! :)

[lyle]

Pace yourself, jor boy, it's going to be a long next 207 weeks. Might I suggest a self induced coma?

[buccaneer morgan]

Meanwhile there is a new judaen peoples front forming in Syria, tahrir Al asham, includes at least two groups favored by the think tanks

[jor]

I will up to IV meds if we go to Martial Law.

Obama should have kept his mouth shut.
Its too early in the shit show for him. There is a 50/50 chance things are going to get a lot worse.

[Captain Hate]

Maybe Sally Yates can chase ambulances with Anita Hill.

[dublindave]

Trump fired a competent, compassionate woman from her job because she wanted to protect human beings?

This shit just writes itself. How long did she stand up to him for? An hour. Two hours. We could call it "180 minutes", cast Ashley judd and ensure it wins 15 academy awards.

[Beasts of England]

'There is a 50/50 chance things are going to get a lot worse.'

Guess I'll start eating dessert first...

[Account Deleted]

I can't stop laughing at DD and Roj. Being them must be worse than having terminal jock rot. Scratch away, boys.
+++++++++++

So, where is all this deception and treachery in the new administration?

Did POTUS appoint a shadow cabinet in broad daylight to run the country without congressional approval?

And has the American Left media covered everything Trump in fawning, glowing praise for accomplishments he never had, books he never wrote, girlfriends he never had?

But I digress.

[lurkersusie]

New attorney general sworn in at 9pm

Gabriel Malor
Gabriel Malor – ‏@gabrielmalor

Imagine that. https://twitter.com/passantino/status/826260619963686912 …

[lyle]

"50/50," you say? I better start drawing down my wine cellar in the face of those grim chances.

[Account Deleted]

"Maybe Sally Yates can chase ambulances with Anita Hill."

Mustang Sally has to wait for that level of achievement. One has to experience finding "a public hair" in their jello salad as I recall...fuels the outrage on her behalf by all the angels that will be trying to land on her shiny new "victim" pin.

I can see the buttons and bumperstickers now: "Sally was right."

Or some such [redact]ery.

[lyle]

Who's with me?!? 😎🍷

[dublindave]

"I can't stop laughing at DD and Roj. Being them must be worse than having terminal jock rot. Scratch away, boys"

You are a rude and mean man.I actually have tineus cruris and it is an extremely common and painful ailment that has hampered my quality of life and ability to enjoy and normal loving relationship.

Shame on you.

[Skoot]

And of course there is the Gary Moore corollary: "Nothing else is like a Marshall - you don't just hear the sound, you feel it"

[Clarice Feldman]

The names replacement--like all AUSAs was confirmed by the Senate. Seems the NYT is in error.

[dublindave]

sorry.......a....

[Momto2]

'There is a 50/50 chance things are going to get a lot worse.'

Good - that means there is a 50/50 chance things are going to get a lot better! Remember when a new or substitute teacher came in the room and the "bad" kids had to test him or her?

These bad kids will soon realize Trump means business and their acting out will subside. As the economy and jobs improve, his approval will climb IN SPITE OF the lies from the enemedia.

I pray there is not a terrorist attack but if there is - the week's actions will be seen as mild compared to what needs to be done.

[buccaneer morgan]

I'm reminded of when they redid the petshop sketch in the e Thatcher era. There was no excuses they got a refund.

[daddy]

Bummer:(

---Sally Yates is gone before she ever got a chance to meet with Bill Clinton on the tarmac to talk about golf.

---Sally Yates is gone before she ever got a chance to be held in contempt for lying to Congress under oath about Fast & Furious.

---Sally Yates is gone before she ever got a chance to call the Fort Hood Jihadist's murders "Workplace Violence."

---Sally Yates is gone before she ever got a chance to lie to a Federal Judge by accusing James Rosen of FOX News of being a "co-conspitrator" in a crime.

---Sally Yates is gone before...

Sally, we hardly knew ye.

[The Gipper Lives]

If they do it: "She's Speaking Truth to Power!"
If we do it: "It's a right-wing coup!"

One more reason to end the filibuster, an unconstitutional super-majority requirement.

I hear Iran is hiring.

[lyle]

daddy FTW!

[Beasts of England]

Old and busted: The Republicans will never win another national election!

New and hot: Trump's not rolling over! WTF?!

[Miss Marple the Deplorable]

I knew they would fire her when I read Dershowitz said she was wrong.

Her statement was full of "feels" but no legal backing.

Also, she was on that march with Madonna, right up in front, which right there should have been grounds for firing if for nothing more than unprofessionalism and bad taste.

I bet we don't see much more grandstanding and virtue signaling from the holdovers, who are on borrowed time, anyway.

[Captain Hate]

Seems the NYT is in error.

Water is wet. The pre-retraction phase.

[Account Deleted]

"Trump fired a competent, compassionate woman from her job because she wanted to protect human beings?"

Yer kidding right?

That alpha hotel is cashing in on her 15 seconds of fame as previously described. Or perhaps positioning herself for a carpetbagging Senate bid in New York? (Would the vacuous Princess Caroline chance being soiled by a stint in this political climate.)

Did Sally the Pony owe Chuckie the Seltzer Salesman? Lo Lo Lynch? Comey the Stain Man?

Everything rhetorically is for the "cheeeeldrin" with these EmoCrat pukes.

But then again, they butcher the unborn human beings "out of compassion."

"Obaaaamaaa good. Trump bad. Obaaama good. Trump bad.

[Ignatz Ratzkiwatzki]

It's going to be almost too much fun watching these shit-for-brains trolls and proles stepping on a brand new rake every morning that Trump laid out for them the night before.

Every time they catch another handle with their formerly buck teeth they'll consider it just mounting evidence of Trump's incompetence.

Trump - the value of being vastly underestimated by your enemies...and friends.

[Miss Marple the Deplorable]

lyle,

ME!! 😎🍷

[Dave (in MA)]

We need a narcisolator update that plays this as you scroll past a troll.

[lyle]

Alright, MM! You're in.

[Beasts of England]

My '12 Clos la Gaffelière didn't arrive today, lyle, but I'll join you tomorrow afternoon!

[Beasts of England]

You're killin' me, Dave! :)

[lyle]

Drinking a cheap but delicious Napa merlot right now. Lamb burgers on the grill in the 10F gloaming.

[Account Deleted]

So where does this special Little Miracle get her information about the POTUS?

Recall this repugnant moron from the bench.

[daddy]

Anyone know if Trump's new EO about not being allowed to be a lobbyist for 5 years applies to Sally?

I hear Starbucks is looking for DOJ Refugees to make baristas.

[dublindave]

No, Ashley Judd's too on the nose for Sally Yates. I'm thinking maybe Kate Blanchet. And we'll call it "Sally". Just "Sally". Sally,she's like Sully only she's a girl and she's a lawyer. But like Sully,Sally is saving the lives of people she doesn't know.

And we'll spend the first hour of the movie following the detainees from whence they came....get an insight in their story before Sally makes her first appearance.

Maybe "180 minutes" is better.

[jor]

Looks like Trump is going to give Ukraine to Putin -- fighting resuming in eastern ukraine.
https://www.ft.com/content/57fc2d60-e6d1-11e6-967b-c88452263daf

right after trump/putin call.

Regan would be over-joyed.

[Captain Hate]

One more reason to end the filibuster, an unconstitutional super-majority requirement.

I don't think it's unconstitutional per se; the founders left it up to the Senate to decide how to deliberate over things. If the founders saw McCain and Schumer they'd think the country was made up of unserious idiots.

[Ignatz Ratzkiwatzki]

--I actually have tineus cruris.--

How did the pathologist differentiate between host and parasite?

[dublindave]

--I actually have tineus cruris.--

"How did the pathologist differentiate between host and parasite"

I don't get it....???

[Clarice Feldman]

The Supreme Ct has determined that it has no role to play respecting Congressional rules and governance. Remember--three equal branches.

[Momto2]

"Explain that outfit" Proper dress for the courtroom -

https://www.youtube.com/watch?v=lrZrpIgutwY

(skip to 1:12)

[Beasts of England]

Putin. Drink!!

[Donald]

I sold Sally Yates an AST 386SX computer in 1991. She did not opt for the math co-processor.

[Ignatz Ratzkiwatzki]

--I don't get it....???--

You said you've already got it.

[Captain Hate]

Since jor is so concerned over Ukraine perhaps it can enlighten us about all the political capital the JEF spent fighting the annexation of Crimea.

[Account Deleted]

Re: Voter Fraud investigation...AP has been a buncha little busy beez:

http://hosted2.ap.org/APDEFAULT/89ae8247abe8493fae24405546e9a1aa/Article_2017-01-30-US--Voter%20Fraud-Phillips/id-50cbf83f6d3348759cc2b9e20af6f9c2

Seems the AP is reporting that POTUS' goto guy was registered to vote in three states, but voted in only one of them. Money quote: "Why should I care?"

In the face. So much unethical conduct in Trumpland I guess. The Left Press can't figure out what to shoot at?

#EVERYTHINGmattersANDthenITdoesnt

[Account Deleted]

Correction, TruetheVote's Phillips said "What would I know or care?" re his multiple voter registrations (assuming it was because of prior residencies).

Let's find out how broken the system really is.

[Miss Marple the Deplorable]

https://www.axios.com/the-trump-bulldozer-2222444529.html

Wherein Mike Allen sees the handwriting on the wall.

[PD]

I bet we don't see much more grandstanding and virtue signaling from the holdovers, who are on borrowed time, anyway.

They're on borrowed time, yes, but I bet we'll see a lot more grandstanding. Then they'll regard it as a badge of honor to have been fired and parlay it into martyr status.

[lurkersusie]

Would someone please post this picture.
Frack and frack or dumb and dumber

https://t.co/mAnN4kmXiU

[daddy]

If I was in that Judge's courtroom I'd consider wearing Lindsey Lohan's Nail-polish:

[Jane]

Seems to me we keep witnessing ongoing attempts at a coup.

[Miss Marple the Deplorable]

John;PhD
‏@DrhjohnPhd

BINGO!
Sally Yates found out she had been fired via “a hand-delivered letter from White House’s office of personnel”: Wall Street Journal
---------------------------------------
"When you have somehting important to say, type it up and send it by courier."

Donald J. Trump

[lurkersusie]

Dems playbook,
James Taylor and Woody Guthrie

Greta Van Susteren
Greta Van Susteren – Verified account ‏@greta

.@NancyPelosi leads rendition of “This Land is Your Land” at protest against @POTUS executive order on immigration –FTR #ForTheRecord @MSNBC
0:39

[Momto2]

You don't lock the doors of your home because you hate the people on the outside, but because you love the people on the inside! Yes!

[Dave (in MA)]

MUUUUUUuuuuuuuhhhhh

[PD]

@NancyPelosi leads rendition of “This Land is Your Land”...

Do you suppose these people will ever figure out that this and all such antics have the main effect of making us ever more glad we voted for Trump?

[Account Deleted]

".@NancyPelosi leads rendition of “This Land is Your Land”

What an utter lunatic. I'm writing to Jeff Sessions and report Pelosi Galore for employing illegal Mezzkinz at her hotel and winery. Just for fun.

Those a-holes have so much dirty laundry yet act as if no one will ever drop in the quarters to get er done.

[Clarice Feldman]

Trump also fired the acting Immigration and Customs Enforcement Director Daniel Ragsdale.

[Account Deleted]

Because those alpha hotels are so "on message" all the time:

"Monday's protest came just days after Democrats held training sessions on how to talk to regular people during a recent retreat."

http://freebeacon.com/politics/pelosi-doesnt-know-where-her-real-people-are/

[Account Deleted]

"Trump also fired the acting Immigration and Customs Enforcement Director Daniel Ragsdale."

Rags musta felt like teats on a boar hog during his tenure with The Bath House Rat. He probably wished he had a masters degree in social work.

[lyle]

To belatedly answer jor boy's question upthread, I'll stop supporting Trump when he stops firing these asswipes.

[Miss Marple the Deplorable]

Well, I am enjoying the heck out of this.

Can confirm the Immigration and Customs enforcement guy was also fired. Multiple posts about that ib Twitter and CTH.

I wonder if he was the one who caused the snafu. Hmmmm.

[Beasts of England]

You may have a problem if you have to be trained on how to talk to regular people. Of course, the fact that they've self-elevated themselves above 'regular people' could be part of the problem...

[Account Deleted]

http://canadafreepress.com/article/obama-actually-committed-more-religious-discrimination-than-any-that-trump

[Comanche Voter]

Somehow I suspect that Ms. Yates is not nearly as critical--or important--as she thinks she is.

[PD]

Schumer's calling the firings a "Monday Night Massacre"?

So, if Schumer told one of his staffers to do something, and the staffer said, "Chuck U, I'm not going to do that," what would Schumer do?

[daddy]

CNN News Banner at the bottom reads:
"MONDAY NIGHT MASSACRE Trump Fires Acting AG"

It's worth clicking on over for a second just to see the lugubrious David Gergen. He looks even more lugubrious than normal if that's possible.

Chuck Schumer ought to send Gergen some spare tears if he's got any left.

[dublindave]

Oh oh....CBS says Yates had a prior sexual harassment charge against her from a former female employee in the early 90's.

Yikes. Hold that movie.....

[Clarice Feldman]

Nytol--
Tomorrow the SCOTUS pick--HEH

[jimmyk]

--@NancyPelosi leads rendition of “This Land is Your Land”...--

Where's James Taylor when they need him?