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2nd Special Council on Clinton Investigation & Trump Spying

SmokeyBear1861

By SmokeyBear1861
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Chuckie Finster

Chuckie Finster 22,700

Posted
Posted (edited)

It has been 36 minutes since you made that post, and I have yet to see any evidence.  If there was a crime, surely we would have seen a smoking gun in the past half hour.  I think the second special counsel needs to go ahead and wrap this up.

Edited by Chuckie Finster
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bernorange

bernorange 8,362

Posted
Posted
1 hour ago, kevwun said:

The Second Special Counsel responsible for investigating the First Special Counsel has been sacked.

Wi nøt trei a høliday in Sweden this yër? See the løveli lakes The wøndërful telephøne system And mäni interesting furry animals

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Pods

Pods 7,585

Posted
Posted (edited)
On 5/22/2018 at 4:47 PM, BrickHorn said:

“Council.”  Twice.  Nicely done, you fucking dolt.

It's not going to be a very effective Council if there's only one member. 

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Lagunamadre

Lagunamadre 1,975

Posted
Posted
4 minutes ago, David Dennison said:

Are you sure about Ryan? I can't find anything granting the Speaker of the House that authority. 

Only the acting AG can appoint. Congress can recommend an appointment but it is up to AG to accept the recommendation. It ain't gonna happen. 

 

Besides between Benghazi and Emails Hilldawg has been investigated more than any person on planet earth. If Gowdy and Nunes haven't found anything yet, it ain't there. 

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David Dennison

David Dennison 18,922

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Posted
1 minute ago, Lagunamadre said:

Only the acting AG can appoint. Congress can recommend an appointment but it is up to AG to accept the recommendation. It ain't gonna happen. 

Besides between Benghazi and Emails Hilldawg has been investigated more than any person on planet earth. If Gowdy and Nunes haven't found anything yet, it ain't there. 

Yeah, I don't see Rosenstein appointing another special counsel. The most they are going to get is an IG report.

Or he gets fired.

Let's watch.

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phdhorn

phdhorn 6,224

Posted
Posted (edited)

Ryan as Speaker can put a name into nomination and Congress votes on it - the Attorney General isn't required to okay it.  Special Counsel is not only the jurisdiction of the Executive Branch.

Actually in history, there's no real set of laws governing it until after Watergate; prior to that it was usually the President, but no real procedure existed.  After 1977 laws were codified outlining mostly the AG's procedure.  There was an additional upgrade in 1999 (Code of Federal Regulations, Ch. 6) which introduced the ability of Congress to appoint a Special Counsel, not needing the AG's authorization.  Ryan as Speaker would bring a nomination to the floor and a vote would be taken.

I'm pretty sure that Ken Starr was appointed by Congress in a preliminary (pre-1999) application of the law of the time.

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David Dennison

David Dennison 18,922

Posted
Posted
3 minutes ago, phdhorn said:

Ryan as Speaker can put a name into nomination and Congress votes on it - the Attorney General isn't required to okay it.  Special Counsel is not only the jurisdiction of the Executive Branch.

Actually in history, there's no real set of laws governing it until after Watergate; prior to that it was usually the President, but no real procedure existed.  After 1977 laws were codified outlining mostly the AG's procedure.  There was an additional upgrade in 1999 (Code of Federal Regulations, Ch. 6) which introduced the ability of Congress to appoint a Special Counsel, not needing the AG's authorization.  Ryan as Speaker would bring a nomination to the floor and a vote would be taken.

As far as I can tell, there is no regulation that gives Congress the authority to appoint a special counsel. 

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Lagunamadre

Lagunamadre 1,975

Posted
Posted
31 minutes ago, David Dennison said:

Yeah, I don't see Rosenstein appointing another special counsel. The most they are going to get is an IG report.

Or he gets fired.

Let's watch.

I trust Rosenstein to appoint a second special counsel if the facts warrant it. It's just that the facts will not. 

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Tuco

Tuco 5,076

Posted
Posted
36 minutes ago, phdhorn said:

Ryan as Speaker can put a name into nomination and Congress votes on it - the Attorney General isn't required to okay it.  Special Counsel is not only the jurisdiction of the Executive Branch.

Actually in history, there's no real set of laws governing it until after Watergate; prior to that it was usually the President, but no real procedure existed.  After 1977 laws were codified outlining mostly the AG's procedure.  There was an additional upgrade in 1999 (Code of Federal Regulations, Ch. 6) which introduced the ability of Congress to appoint a Special Counsel, not needing the AG's authorization.  Ryan as Speaker would bring a nomination to the floor and a vote would be taken.

I'm pretty sure that Ken Starr was appointed by Congress in a preliminary (pre-1999) application of the law of the time.

I could be wrong, but I believe the legislation you are referring to expired without renewal.  Congress would need to pass a new law. I would certainly encourage them to do so.  If Trump thinks that this is the purpose, he wouldn't veto it.  That should open up the floodgates.  

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relapse98

relapse98 634

Posted
Posted
41 minutes ago, phdhorn said:

Ryan as Speaker can put a name into nomination and Congress votes on it - the Attorney General isn't required to okay it.  Special Counsel is not only the jurisdiction of the Executive Branch.

Actually in history, there's no real set of laws governing it until after Watergate; prior to that it was usually the President, but no real procedure existed.  After 1977 laws were codified outlining mostly the AG's procedure.  There was an additional upgrade in 1999 (Code of Federal Regulations, Ch. 6) which introduced the ability of Congress to appoint a Special Counsel, not needing the AG's authorization.  Ryan as Speaker would bring a nomination to the floor and a vote would be taken.

I'm pretty sure that Ken Starr was appointed by Congress in a preliminary (pre-1999) application of the law of the time.

Cite?

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phdhorn

phdhorn 6,224

Posted
Posted
27 minutes ago, David Dennison said:

As far as I can tell, there is no regulation that gives Congress the authority to appoint a special counsel. 

I cited it above:  Code of Federal Regulations, Ch. 6.  There is no statute prohibiting it, and Congress would have the authority to nominate/vote on one without having to use the AG.  It was done a few times before the laws were upgraded in 1977, then done again after a portion of those expired (1999).

Ken Starr's appointment as Special Counsel for the Clinton affair wasn't done by the AG nor Congress (actually they had a role in appointing him as the SC in the Foster matter); it was the judicial branch, a 3-member DC Court panel, who appointed him.

As you can see, the rules have been inconsistent and a few times removed, reinstated, or otherwise altered.   Ryan/Congress can vote a SC into existence without the AG; the Executive Branch is not the only one who has that authority, and most regulations cover mostly that branch.

Ryan/Congress could do it.

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phdhorn

phdhorn 6,224

Posted
Posted
5 minutes ago, Tuco said:

I could be wrong, but I believe the legislation you are referring to expired without renewal.  Congress would need to pass a new law. I would certainly encourage them to do so.  If Trump thinks that this is the purpose, he wouldn't veto it.  That should open up the floodgates.  

They might want a new law to clarify things, but they're not prohibited from doing so now without one.  I've seen a buncha lawyers talking about this a few times on this matter specifically, and they agreed that right now, it's possible.

I doubt Ryan will bring a name up at this point, though, given his shaky status with the party at this point.

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David Dennison

David Dennison 18,922

Posted
Posted (edited)
4 minutes ago, phdhorn said:

I cited it above:  Code of Federal Regulations, Ch. 6.  There is no statute prohibiting it, and Congress would have the authority to nominate/vote on one without having to use the AG.  It was done a few times before the laws were upgraded in 1977, then done again after a portion of those expired (1999).

Ken Starr's appointment as Special Counsel for the Clinton affair wasn't done by the AG nor Congress (actually they had a role in appointing him as the SC in the Foster matter); it was the judicial branch, a 3-member DC Court panel, who appointed him.

As you can see, the rules have been inconsistent and a few times removed, reinstated, or otherwise altered.   Ryan/Congress can vote a SC into existence without the AG; the Executive Branch is not the only one who has that authority, and most regulations cover mostly that branch.

Ryan/Congress could do it.

They can pass anything they want. They have no way to enforce it because they are not authorized by law to establish a special counsel. Chapter 6 says nothing about Congress.

Edited by David Dennison
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Tuco

Tuco 5,076

Posted
Posted
3 minutes ago, phdhorn said:

They might want a new law to clarify things, but they're not prohibited from doing so now without one.  I've seen a buncha lawyers talking about this a few times on this matter specifically, and they agreed that right now, it's possible.

I doubt Ryan will bring a name up at this point, though, given his shaky status with the party at this point.

Good luck man.

https://www.law.cornell.edu/cfr/text/28/part-600

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