‘By What Statutory Authority Did the President Purport to Appoint Cuccinelli as Acting Director of USCIS?’
Former Virginia Attorney General Ken Cuccinelli without notice showed up for work today as the Acting Director of the U.S. Immigration and Customs Enforcement (USCIS) agency, after President Donald Trump appointed him to the post.
Some legal experts are warning that Trump does not have the authority to make the appointment.
Cuccinelli is best known for his extreme positions on issues ranging from abortion to climate change to homosexuality and marriage. He has called homosexuality “against nature and are harmful to society,” and even worked to make oral sex illegal, only to be shot down at the Supreme Court. During his tenure as Virginia’s Attorney General he investigated climate scientists, arguing they were engaged in fraud, and has worked to rescind birthright citizenship – which is in the U.S. Constitution – and even tried to force employees to speak only English in the workplace.
Saying he is “honored to be given the opportunity,” Cuccinelli via a press release announced that USCIS “has the extraordinary responsibility to administer and protect the integrity of our nation’s lawful immigration system. Our nation has the most generous legal immigration system in the world and we must zealously safeguard its promise for those who lawfully come here,” echoing President Trump’s anti-immigrant agenda.
But some legal experts question if President Trump has the authority to appoint Cuccinelli Acting Director of USCIS.
Cuccinelli, in an email to USCIS employees, said he wants to “work to find longterm solutions to close asylum loopholes that encourage many to make the dangers journey into the united states so that those who truly need humanitarian protections and meet the criteria under the law receive them,” as Buzzfeed’s Hamed Aleaziz reported.
Aleaziz adds DHS officials aren’t sure this is even legal.
Another DHS official had this to say:
“I’m concerned about the effect on the agency, both in morale and in direction this will take us, and I’m further concerned about the legality of the appointment.” https://t.co/OSzXyMtEY7
— Hamed Aleaziz (@Haleaziz) June 10, 2019
Stephen Vladeck, Professor of Law at the University of Texas School of Law is also calling in to question the legality of the appointment. He took to Twitter to make his case, saying Cuccinelli “doesn’t meet any of the criteria under the Federal Vacancies Reform Act of 1998.”
I could be missing something, but by what statutory authority did the President purport to appoint Cuccinelli as Acting Director of USCIS? He doesn’t meet any of the criteria under the Federal Vacancies Reform Act of 1998:https://t.co/U3QpULJ4G3
— Steve Vladeck (@steve_vladeck) June 10, 2019
Attorney George Conway retweeted Vladeck’s post:
Here’s a self-described lawyer calling the appointment illegal:
Who has standing to sue to stop Cuccinelli’s illegal appointment?
— Ed Darrell (@EdDarrell) June 10, 2019
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‘Doing What I Can for the Next Few Days’: Kirstjen Nielsen Trying to Live Her Best Life – Now Not a Care in the World
“For the rest of her life people will look at her and think, ‘Oh, that’s the woman who put children in cages.’”
She tried to appear to have not a care in the world.
“I’m on my way to keep doing what I can for the next few days,” Nielsen told reporters. Her “resignation” was originally effective immediately as Trump tweeted, but hours later she announced she would stay through Wednesday to assure a “smooth transition.”
Outgoing DHS Sec. Nielsen thanks Pres. Trump for “the tremendous opportunity to serve this country”
“I share the president’s goal of securing the border. I will continue to support all efforts to address the humanitarian and security crisis on the border” https://t.co/KQfe27hGY4 pic.twitter.com/ipzTGk1LXJ
— ABC News (@ABC) April 8, 2019
Nielsen appeared as a loyal soldier, not offering any disagreement with Trump’s policy demands, including as Americans have now learned that he was pressuring her to break the law by restarting the program to separate migrant children from families.
Sec. Nielsen’s tenure will go down as the worst in the short history of the Dept. of Homeland Security. There are active efforts to ensure she does not land a cushy corporate job.
Washingtonian Today reports Nielsen “was spotted at the Hummingbird Bar & Kitchen in Old Town Alexandria as news broke last night.” Politico adds she “was with an entourage, seated at an outdoor table.”
Despite her efforts to enjoy her new life, many are working hard to ensure her actions of separating children from their families and caging them do not go unforgotten.
Best of luck to Kirstjen Nielsen. I’m not sure where you’ll get hired with a resume that includes “locking kids in cages.” I’m kidding, good luck at Fox News.
— Chelsea Handler (@chelseahandler) April 8, 2019
OK, WELL. If anyone thinks it’s REMOTELY appropriate to be talking about forgiveness with Kirstjen Nielsen, let me completely and utterly disabuse you of that.
She has done nothing to merit forgiveness, and we, the public, are not entitled to forgive her.
A thread. 1/x https://t.co/uhGfWv4NMu
— Rabbi Danya Ruttenberg (@TheRaDR) April 8, 2019
.@JeffreyToobin calls Trump “the great reputation killer.”
Kirstjen Nielsen “was a reasonably admired bureaucrat. For the rest of her life people will look at her and think, ‘Oh, that’s the woman who put children in cages.’” https://t.co/LSkSsWzjTF pic.twitter.com/rCKeMObkzZ
— Jeffrey Toobin (@JeffreyToobin) April 8, 2019
Adam Schiff ‘Absolutely’ Prepared to Subpoena Mueller Report
Representative Adam Schiff (D-CA), the chairman of the House Intelligence Committee, took to ABC’s “This Week” to make it clear that House Democrats would opt to subpoena the Mueller Investigations final report if the Justice Department refuses to make the full report public.
“Well we will obviously subpoena the report, we will bring Bob Mueller in to testify before Congress, we will take it to court if necessary,” said Schiff. “And in the end, I think the department understands they’re going to have to make this public. I think Barr will ultimately understand that as well.”
Schiff noted that, in contrary to Justice Department statements that evidence should remain confidential if no charges are brought forth, Schiff noted the “thousands and thousands of pages of discovery” released on the Hillary Clinton email investigation.
“I’ve had this conversation with Rod Rosenstein and others down at the Justice Department as they turned over thousands and thousands of pages of discovery in the Clinton e-mail investigation and there was no indictment in that investigation, that this was a new precedent they were setting and they were going to have to live by this precedent whether it was a Congress controlled by the Democrats or Republicans,” said Schiff
Schiff has also said that he is “absolutely” prepared to take the administration to court to force the release.
“We are going to get to the bottom of this,” said Schiff. “We are going to share this information with the public and if the president is serious about all of his claims of exoneration, then he should welcome the publication of this report.”
View a portion of the exchange below
Rep. Adam Schiff tells me he is “absolutely” prepared to sue Trump administration if Mueller report is not made public: “We will obviously subpoena the report. We will bring Bob Mueller in to testify before Congress. We will take it to court if necessary” https://t.co/lSX5poLKT9 pic.twitter.com/kKtMjf1Wo3
— GeorgeStephanopoulos (@GStephanopoulos) February 24, 2019
Image via screen capture from video source.
Watch: VP Pence Plays Victim in Uproar Over Second Lady Working at School Banning LGBT People
Vice President Mike Pence has turned to a Catholic television news outlet to share his anger over reports criticizing Second Lady Karen Pence for choosing to teach at a Christian school that has a strong policy banning and requiring employees and students to denounce LGBT people.
Pence chose to frame the anger across America as an attack on Christian education, not an attack on LGBT people.
“My wife and I have been in the public eye for quite a while but I have to tell you, to see major news organizations attacking Christian education is deeply offensive,” the Vice President told EWTN News (video below) on Tuesday.
Pence says America instead should “celebrate” the “rich tradition of Christian education,” and called for the “criticism of Christian education in America” to stop.
The Vice President also tried to claim victimhood, suggesting his First Amendment rights and those of his wife have been attacked.
“The freedom of religion is enshrined in the Constitution of the United States,” he said. “The Constitution prohibits a religious test for holding public office, so we’ll let the critics roll off our back.”
The Vice President’s remarks were not the only disturbing ones made in the EWTN interview.
At no time did EWTN anchor Lauren Ashburn tell viewers exactly what the nationwide uproar was about: that Karen Pence chose to work at a school whose written policies are so virulently anti-LGBT they even ban students who have LGBT family members, including parents and siblings, if the family supports them and their rights.
The school also requires teachers and parents to sign a Statement of Faith that specifically cites the Leviticus chapter and verse of the Christian Bible that calls for gay people to be put to death.
Watch the Vice President:
Hat tip: Queerty
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