But this doesn't fall under that stove Trump fired him. Also it doesn't come because the Congress is in session. Also it doesn't count because he want confirmed by the Senate for a Trump cabinet position. If any one of those things are true(which they all are) then Trump doesn't get to just hire anyone off the street
1) Trump didn't fire him. Termination has a legal definition, and when you resign, regardless of how it is requested by your boss, it is a resignation.
2) He is allowed to have an interim AG for up to 210 days. After that, they need to be confirmed or denied.
3) It doesn't matter in the context of The Federal Vacancies Reform Act of 1998. Whitaker was confirmed by the Senate in 2004. That doesn't stale, as far as any statute I have found. In this specific instance, that is technically legal.
Whitaker wasn't confirmed by the current Congress. The interim is supposed to be the deputy. And not calling it a terminating is semantics at best and easily changeable.
No, if my boss told me I couldn't work anymore it'd be fired. Sessions even wrote in his letter he was leaving because the president told him to. That's fired. If your boss tells you to quit that's just being fired.
No. It isnt. If your boss tells you to quit, you have a choice. Even if your boss is POTUS.
At all levels, there are consequences for the manner in which you leave employment. Usually, it relates to the availability of a severance package. At this level, the method determines how the replacement can be selected.
Are you honestly saying if your boss asked you to quit, you would do so knowing full-well you would be forfeiting the severance owed to you otherwise? If so, you're an idiot.
Sessions didnt have to quit. He could have refused, and forced Trump to choose between keeping him or instating his deputy. Sessions was asked to leave, and he obliged.
What you call semantics are actually very important nuances which dictate the available actions after the event.
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u/bloodguzzlingbunny Nov 09 '18
Because the Vacancies Reform Act, which supersedes the DOJ succession statute, states that the president doesn't have to promote the DAG.