Sessions Being Shammed Forced To Quit?

Dems plan on holding pro-forma sessions, so they won't be in recess.

Only if the House pulls a major ****nuttery to screw with that (which has never happened in the history of our country) could it open up the door to it.

 

Hmm... You raise an interesting point. I haven't seen anyone in the press comment on whether a president can fire a cabinet member or not. Thank you for bringing that question to my attention.

 

Good point about a possible recess appointment. Thank you for bringing that up.

 

Impeachment can only be for high crimes and misdemeanors. Off session appointments are legal actions.

 

Which is whatever is laid out in the Articles of Impeachment as being worthy of an offense.

There is no formal or legal definition of High Crimes and Misdemeanors as is laid out in the Constitution.

(not saying it would happen to Trump, just noting this generally, for the record.)

 

So, I agree that by Session's resigning,trump thinks he can get someone in to be his stooge--come on all you big shot attorney's that trump has hired(is this all you got).
trump wants Mueller gone ,not only because he wants the investigation to go away, but also because he can't stand that Mueller has access to his back taxes--
What a friggin circus--
One of trump's off-shore business' needs to make him a pair of "big boy pants",Oh,they can't do that-trump will "fire them" or "bad tweet them into submission"----

 

Please point out where in the Constitution that gives him that power. I can't find it. I can find that he has the power to appoint them. And that they can be impeached, but there is nothing in the Constituiton that gives the President that power.

Here is what the Constitution says about the Presidency. Nowhere in that gives him the power to fire who he appoints:
Article II
Section 1.
The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Section 2.
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

Section 3.
He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

Section 4.
The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

 

It doesn't need to be stated. The president has absolute power to fire his appointees.

They serve at the pleasure of the president.

 

In 1979 Jimmy Carter fired four of his cabinet secretaries.

 

Can the U.S. President Dismiss the Secretary of State?
http://classroom.synonym.com/can-us-president-dismiss-secretary-state-10888.html

The American president can dismiss the secretary of state without recourse from the Supreme Court or Congress. Article II, Section 2, Clause 2 of the Constitution authorizes presidents to appoint Cabinet-level officers, including the secretary of state. Congress questioned the power of presidents to remove Cabinet members in 1867, but has since allowed them this prerogative.

Appointments Clause
Article II, Section 2, contains the Appointments Clause of the Constitution. This section gives the president the task of choosing high-ranking federal officers. These positions include the secretaries of the various Cabinet departments. Presidents and legal scholars traditionally considered the power to fire a corollary of the power to hire.

Tenure of Office Act
The Appointments Clause requires presidents to seek the advice and consent of the Senate on the suitability of nominees for Cabinet jobs. After a president announces a nomination, the Senate meets to decide whether to confirm the decision. In 1867, Congress passed the Tenure of Office Act to force presidents to also receive Senate consent before removing high-ranking federal officers. At the time, congressional Republicans feared that Democratic President Andrew Johnson would replace the Cabinet chosen by Republican Abraham Lincoln, his assassinated predecessor. Congress rescinded this law in 1887.

 

I've been doing some research since you wrote that post, and legal authorities are not all of the same opinion. I suspect that if Donald Trump tried to fire Jeff Sessions and Sessions took the matter to court, the Supreme Court would probably have to make a decision.

One president, Lincoln's successor Andrew Johnson, did fire a cabinet member without the approval of Congress and was impeached for it. Johnson was acquitted by one vote. Some believe that the Johnson case set a precedent and gave the president the right to fire any cabinet member, but that argument seems questionable to me.

Incidentally, there was an actual law, the Tenure of Office Act, that prohibited a president from firing certain members of the executive without Congress's approval, but that law was repealed in 1887, leaving the matter open to question.

 

I think Sessions should resign because he lied about Russia.

That's what Trump is really mad about.

Trump hates when you lie to him.

 

No, the matter is not "open to question."

Geeze.

Look at the post right above yours. The president has absolute power to fire his Executive branch appointees.

They serve at the pleasure of the president.

End. Of. Story.

 

Well, given how rude trump is, what isn't he mad about?
Yeah,typical narcissist,it's ok for him to lie, but, oh, the wrath when someone lies to him----just saying---

 

You are exactly correct @Bluebird .

 

Sessions lied to Congress...not to Trump