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DOJ Whitewashing Obama’s Illegal Non-Recess Appointments

Posted by FactReal on January 12, 2012


Obama's Power Grab: Obama shakes hands with Richard Cordray (R) after announcing that he has (illegally) appointed Cordray to head the Consumer Financial Protection Bureau during a trip to Cleveland, Ohio - January 4, 2012. (REUTERS/Kevin Lamarque)

Via Heritage:
Calling the president’s illegal non-recess appointments “an escalation in a pattern of contempt for the elected representatives of the American people,” Sen. Chuck Grassley (R-IA), ranking Republican on the Judiciary Committee, dismissed a Justice Department memo on Thursday that sought to lend retroactive constitutional weight to the president’s move.

Grassley hinted at Senate “action to check and balance” the president’s power grab, though he declined to go into specifics.

The DOJ Office of Legal Counsel’s memo, also debunked by Heritage’s Todd Gaziano, claims that pro forma Senate sessions do not preclude the president from unilaterally appointing federal officials. That legal opinion contradicts statements by former Obama Administration Solicitor General Elena Kagan – now a Supreme Court justice – and her deputy, Neal Katyal.

The memo was released on January 6, two days after Obama non-recess-appointed Richard Cordray as head of the Consumer Financial Protection Bureau, meaning the president did not wait for DOJ’s official legal opinion before moving forward with the appointments.

Read the rest here.
Obama’s Abuse of Power: His “Recess” Appointments
Obama’s stunning appointments of Richard Cordray to the Consumer Financial Protection Bureau and of three more bureaucrats to the National Labor Relations Board (NLRB) is a serious blow to the Constitution and the separation of powers.

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