Thursday, January 05, 2012

Obama's Justice Dept. argued that type of recess appointments made yeterday are illegal

For those of you who have given up drinking this year--my apologies!

SHOT:

Obama White House Won't Answer Whether Obama DoJ Weighed In On Recess Appointments:

The New York Times: Obama Tempts Fight Over Recess Appointments

"Ms. [Kathryn] Ruemmler [Obama's White House Counsel] declined to say whether the Justice Department's Office of Legal Counsel had produced a memorandum saying that it was valid for Mr. Obama to make the recess appointments…"

Politico: White House Won't Say If Justice Department Blessed Legality Of Recess Appointment

"The White House won't say if the Justice Department's Office of Legal Counsel produced a formal opinion endorsing President Barack Obama's authority to issue a recess appointment amidst a series of pro forma Senate sessions, Charlie Savage reports in a New York Times blog post. A Justice Department spokeswoman also declined to discuss the matter Wednesday with POLITICO…"

CHASER:

Obama Deputy Solicitor General Questions Legality Of Recess Appointments:

"When President Obama's Department of Justice (DOJ) defends Obama's 'recess appointment' – made today after the Senate adjourned yesterday – his lawyers will have to argue against the position they took on recess appointments last year, during a Supreme Court hearing. Deputy Solicitor General Neal Katyal told Chief Justice John Roberts that 'the [congressional] recess has to be longer than 3 days' for the president to have the power to make a recess appointment, recalls House Speaker John Boehner, R-Ohio, while criticizing Obama’s recess appointment of Richard Cordray to lead the Consumer Financial Protection Bureau." (Jowl Gehrke, "Obama's DOJ Says 'Recess' Appointment Illegal," Washington Examiner, 1/4/12)

But White House press spokesman Jay Carney, who is not a lawyer, is confident the appointments are legal.

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