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Archive for November 9th, 2018

Weekend Series on Law Enforcement History: Nixon’s Saturday Night Massacre

Kelly Conway’s Husband: Hiring Acting Attorney General Matthew Whitaker is Unconstitutional

Acting Attorney General Matthew Whitaker.

By Allan Lengel
ticklethewire.com

It might not come as a shock that some attorneys would conclude that the appointment of acting Attorney General Matthew Whitaker is unconstitutional.

But it’s certainly a bigger deal when one of those lawyers speaking up is the husband of White House counselor Kellyanne Conway.

In an opinion piece in the New York Times, husband George T. Conway III, along with attorney Neal K. Katyal, write:

It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.

Much of the commentary about Mr. Whitaker’s appointment has focused on all sorts of technical points about the Vacancies Reform Act and Justice Department succession statutes. But the flaw in the appointment of Mr. Whitaker, who was Mr. Sessions’s chief of staff at the Justice Department, runs much deeper. It defies one of the explicit checks and balances set out in the Constitution, a provision designed to protect us all against the centralization of government power.

If you don’t believe us, then take it from Supreme Court Justice Clarence Thomas, whom Mr. Trump once called his “favorite” sitting justice. Last year, the Supreme Court examined the question of whether the general counsel of the National Labor Relations Board had been lawfully appointed to his job without Senate confirmation. The Supreme Court held the appointment invalid on a statutory ground.

Ex-West Wing Official: I’m Worried About Donald Trump Jr. Getting Indicted

Donald Trump Jr. and his dad, President Trump, via Twitter

By Allan Lengel
ticklethewire.com

The rumblings involving the Robert Mueller  probe declined quite a bit before the Nov. 6 election.

Now, they’re revving up again.

Gabriel Sherman writes in Vanity Fair that some folks are concerned Donald Trump Jr. may have perjured himself with investigators when he said he never told his father in advance of the infamous June 16 Trump Tower meeting to gather dirt on Hillary Clinton.

“I’m very worried about Don Jr.,” a former West Wing official who testified before the Senate Intelligence Committee, tells Sherman. .

Homeland Security Teams up with Company for Fentanyl Sensors

File photo of pills laced with fentanyl.

By Steve Neavling
Ticklethewire.com

The lethal synthetic opioid fentanyl is so potent that first responders have been hospitalized for exposure to the substance by just being near it.

That’s not to mention the countless deaths of opioid addicts who were unaware that their drugs were laced with fentanyl, which is far more potent than heroin.

Now Homeland Security has contracted with Salt Lake City-based Vaporsens, which is one of three companies nationwide creating a new technology to detect fentanyl, KUTV reports. 

Vaporsens scientist Jayc Johnson, who is developing a prototype, said a “sensor like this has never been developed.”

His prototype is a wearable device aimed at helping paramedics and law enforcement officials detect even trace amounts of fentanyl without having to come into physical contact with it.

Mueller Foes Urge Federal Court to End Special Counsel Probe of Russia, Trump

Special counsel Robert Mueller. Photo via FBI.

By Steve Neavling
Ticklethewire.com

The legality of special counsel Robert Mueller’s investigation into Russia meddling and possible collision by Trump’s campaign is facing its most significant challenge since he was appointed in April 2017.

Lawyers for witness Andrew Miller, an associate of Trump’s longtime confidant Roger Stone, asked a federal appeals court on Thursday to end the investigation on the basis that it has no legal authority.

It’s the first challenge to Mueller’s authority that has reached a federal court of appeals.

Mueller’s job was made even more precarious this week when the president replaced Attorney General Jeff Sessions with Trump loyalist Matthew Whitaker, who could take over the special counsel investigation from Deputy Attorney General Rod Rosenstein.

Miller’s lawyer, Paul Kamenar, argued that Mueller’s power is excessive and outside the bounds of law because the special counsel position was created in regulation, not by a congressional statute.

“The special counsel does exercise extraordinary prosecutorial and governmental powers,” Kamenar told the judges, Politico reports. “He can bring indictments in multiple jurisdictions. He’s like a U.S. attorney at large.” 

Trump has long called the investigation a “witch hunt,” even as some of his allies have pleaded guilty to numerous charges and even have cooperated with federal prosecutors.

Mueller’s office has argued that a special counsel’s authority has long been upheld by both federal law and the courts have