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Democrat lawsuit claims Matthew Whitaker’s appointment as acting AG is unconstitutional – National

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WASHINGTON – Three Senate Democrats filed a lawsuit Monday arguing that Acting Attorney General Matthew Whitaker‘s appointment is unconstitutional and asking a federal judge to remove him.


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The suit, filed by Sens. Richard Blumenthal of Connecticut, Mazie Hirono of Hawaii and Sheldon Whitehouse of Rhode Island, argues that Whitaker’s appointment violates the Constitution because he has not been confirmed by the Senate.

Whitaker was chief of staff to Attorney General Jeff Sessions and was elevated to the top job after Sessions was ousted by President Donald Trump on Nov. 7.

The Constitution’s Appointments Clause requires that the Senate confirm all principal officials before they can serve in their office.

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The Justice Department released a legal opinion last week that said Whitaker’s appointment would not violate the clause because he is serving in an acting capacity. The opinion concluded that Whitaker, even without Senate confirmation, may serve in an acting capacity because he has been at the department for more than a year at a “sufficiently senior pay level.”


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“President Trump is denying senators our constitutional obligation and opportunity to do our job: scrutinizing the nomination of our nation’s top law enforcement official,” Blumenthal said in a statement. “The reason is simple: Whitaker would never pass the advice and consent test. In selecting a so-called ‘constitutional nobody’ and thwarting every senator’s constitutional duty, Trump leaves us no choice but to seek recourse through the courts.”


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The lawsuit comes days after a Washington lawyer challenged Whitaker’s appointment in a pending Supreme Court case dealing with gun rights. The attorney, Thomas Goldstein, asked the high court to find that Whitaker’s appointment is unconstitutional and replace him with Deputy Attorney General Rod Rosenstein.

WATCH: Trump defends Matt Whitaker, says he’s gone through the Senate process, Robert Mueller hasn’t






The state of Maryland also made a similar court filing last week in a legal dispute with the Trump administration over the Affordable Care Act.

Rosenstein, the second-ranking Justice Department official, has been confirmed by the Senate and had been overseeing special counsel Robert Mueller’s Russia investigation. Whitaker is now overseeing the investigation.

Matthew Whitaker was chief of staff to Attorney General Jeff Sessions and was elevated to the top job after Sessions was ousted by President Donald Trump on Nov. 7.

EPA/MICHAEL REYNOLDS

The Justice Department issued a statement Monday defending Whitaker’s appointment as “lawful” and said it comports with the Appointments Clause, the Federal Vacancies Reform Act and legal precedent.


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“There are over 160 instances in American history in which non-Senate confirmed persons performed, on a temporary basis, the duties of a Senate-confirmed position,” Justice Department spokeswoman Kerri Kupec said. “To suggest otherwise is to ignore centuries of practice and precedent.”

The Federal Vacancies Reform Act allows an acting official to serve in a vacant position for up to 210 days, though the official may continue serving while a president’s nomination to that position is pending before the Senate.



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FOREIGN NEWS

Catholic Bishops react to military coup in Mali

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Catholic Bishops react to military coup in Mali

Contrary to the expectations of the people, the leadership of the Episcopal Conference of Mali (CEM) has termed the Tuesday, August 18 military coup in the West African nation as “regrettable” and “a big failure for our democracy” and called for a change of mentality if the country has to put an end to coups.

In an interview with ACI Africa Wednesday, August 19, made available to RECOWACERAO NEWS AGENCY, RECONA, the President of CEM, Bishop Jonas Dembélé said that the governance challenges the country is facing can be managed through dialogue.

“The military coup that led to the ousting of President Ibrahim Boubacar Keïta is regrettable because we are in a state of law and democracy. This is the second time that Mali has had a military coup as a result of the way in which the country is governed. It is a big failure for our democracy even if there were reasons for it,” Bishop Dembélé told ACI Africa.

“It is true that our country has serious challenges including bad governance, the poor management of the economy, corruption, insecurity and so on,” Bishop Dembélé said and probed, “Why is it that we Malians have not managed to engage in dialogue to be able to discuss these problems and face up to these challenges responsibly?”

“Our leaders, our people lack transparency, they hate those who speak the truth and advocate for good governance. This mentality must change for our country to move on,” the Prelate told ACI Africa August 19.

Bishop Dembélé who is a frontline member of RECOWA-CERAO urged the military officials “to ensure a return to democracy as promised but most especially ensuring the new leadership of the country put the people first and tackle the security challenges facing the nation.”

Asked about the role of the Church in the current crisis, the 57-year-old Prelate noted, “For us the Catholic Church in Mali, our role is to preach peace; our role is to preach dialogue. We shall continue in this path of dialogue for peace just like Cardinal Jean Zerbo and some religious leaders initiated.”

“In a state of law, power is not in the hands of certain individuals but to the people. The anger of our people led to this crisis, but we must work for peace and reconciliation in Mali,” Bishop Dembélé said.

He continued in recollections, “The Bishops in Mali have always issued messages before every election in our country sounding the alert and inviting the government to organize transparent elections, ensure good governance and better management of resources.”
“But it seems our messages are never taken into consideration that is why we find ourselves in this situation today,” the Local Ordinary of Kayes Diocese told ACI Africa and added, “If the opinion of the Episcopal Conference of Mali is needed to mediate in bringing back stability and peace in the country, then we are ready.”

As a way forward, the Bishop urged the people of God in Mali to “seek the path to conversion” and to accept dialogue in the spirit of truth and honesty.
“We all want change in our

country, but this change can only be possible if individually we seek the path to conversion. It is for Malians be they Muslims or Christians or members of traditional religion, to do an examination of conscience and accept personal and community conversion in order to engage in sincere dialogue,” he said.

The Malian Prelate added, “Now there is this coup d’état to demand change we really wonder where change should come from. As long as we don’t change our behavior, our mentality, we will always have a repeat of the current situation.”

On Tuesday, August 18, President Keita announced his resignation and dissolved parliament hours after mutinying soldiers detained him at gunpoint, Aljazeera reported.
“For seven years, I have with great joy and happiness tried to put this country on its feet. If today some people from the armed forces have decided to end it by their intervention, do I have a choice? I should submit to it because I do not want any blood to be shed,” President Keita said August 18 during the televised address to the nation.

Rev. Fr. George Nwachukwu
RECOWACERAO NEWS AGENCY, RECONA

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Harris accepts VP nomination

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Harris accepts VP nomination

Senator Kamala Harris formally accepted the Democratic nomination for vice president on Wednesday following a scathing speech by former President Barack Obama, who said the fate of the nation” depends entirely on the outcome of this election.”

Both Mr. Obama and Harris stressed the importance of voting, with Harris saying “we’re all in this fight together.” Harris sounded an optimistic note by highlighting her personal history and the promise of America, saying she was “so inspired by a new generation.”

“Make no mistake, the road ahead will not be not easy,” she said. “We will stumble. We may fall short. But I pledge to you that we will act boldly and deal with our challenges honestly. We will speak truths. And we will act with the same faith in you that we ask you to place in us.” She called Mr. Trump a “predator” in a speech that came after Mr. Obama issued his most forceful rebuke of his successor to date, saying Mr. Trump “hasn’t grown into the job because he can’t.”

“This president and those in power — those who benefit from keeping things the way they are — they are counting on your cynicism,” Mr. Obama said. “They know they can’t win you over with their policies. So they’re hoping to make it as hard as possible for you to vote, and to convince you that your vote doesn’t matter.

That’s how they win. That’s how they get to keep making decisions that affect your life, and the lives of the people you love. That’s how the economy will keep getting skewed to the wealthy and well-connected, how our health systems will let more people fall through the cracks. That’s how a democracy withers, until it’s no democracy at all.”

Mr. Obama and Hillary Clinton, speaking earlier in the night, both said they had hoped Mr. Trump would rise to the occasion. But they both stressed what they called his failures while in office, with Mr. Obama saying Mr. Trump has shown “no interest in treating the presidency as anything but one more reality show that he can use to get the attention he craves.”

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Mali coup leaders vow to hold elections as history repeats itself

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Mali coup leaders vow to hold elections as history repeats itself

The Malian soldiers who forced President Ibrahim Boubacar Keita to resign in a coup promised early Wednesday to organize new elections after their takeover was swiftly condemned by the international community.

In a statement carried overnight on state broadcaster ORTM, the mutinous soldiers who staged Tuesday’s military coup identified themselves as the National Committee for the Salvation of the People led by Colonel Major Ismael Wagué.

“With you, standing as one, we can restore this country to its former greatness,” Wagué said, announcing that borders were closed and that a curfew was going into effect from 9 p.m. to 5 a.m

The news of Keita’s departure was met with jubilation by anti-government demonstrators in the capital, Bamako, and alarm by former colonial ruler France and other allies and foreign nations.

The U.N. Security Council scheduled a closed meeting Wednesday August 19, 2020 afternoon to discuss the unfolding situation in Mali, where the U.N. has a 15,600-strong peacekeeping mission. Keita, who was democratically elected in a 2013 landslide and re-elected five years later, still had three years left in his term.

But his popularity had plummeted, and demonstrators began taking to the streets calling for his ouster in June.

West African regional bloc ECOWAS had sent mediators to try and negotiate a unity government but those talks fell apart when it became clear that the protesters would not accept less than Keita’s resignation.

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