Tuesday, January 23, 2007

Defense Attorney Challenges Replacement of U.S. Attorneys

Kudos to TalkLeft contributer Last Night in Little Rock (aka John Wesley Hall of Little Rock, AR) for filing a motion challenging Alberto Gonzales' firing of U.S. Attorneys across the country and replacing them with political "appointees" who do not have to be confirmed by the Senate.
Hall was appointed by the court to represent a death penalty defendant last week and filed
this motion (pdf) today. He argues that the "appointment" of U.S. Attorney Tim Griffin violates Art. II of the Constitution and Sec. 541 of Title 28 of the U.S. Code.

Sec. 541. United States attorneys
-STATUTE-

(a) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district.

(b) Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies.

(c) Each United States attorney is subject to removal by the President.

3 comments:

airJackie said...

Fired Gonzo now before the fruit picking season begins.

Anonymous said...

Gonzo was the cabinet member who was not at the SOTU because they hold one out in case of something catastrophic.
Yes I saw it last night, I really wish they would hold all the applause until the end that just makes it drag out, or maybe they want to see who is supporting him.
Oh I hate when they take some people and their life stories, the soldier who kept fighting and defending his group while wounded, the basketball player who used money to build a school, and the lady who made the baby vidieos and then made millions by selling them to Disney (entrepernor example)
But watching the Democrat response afterwards with Webb was well done without slaughtering what the Gerbil said.
Too much time spent on the War on Terror.

SP Biloxi said...

"Fired Gonzo now before the fruit picking season begins."

LOL! Ha Ha!

I had to crack up at your comment..

Priceless...

Chicago Native:

I heard about Gonzo last night being MIA from the SOTU. Gonzo ahould be working about his skin than another bogus threat trumped up by the Administration.

Yes, the crowd was mixed with applause. All and all people wnat to troop to come home and so do I.