The Appointments Clause and Removal Power
What Trump Can Teach Us About Con Law
Roman Mars
4.7 • 4.2K Ratings
🗓️ 15 June 2017
⏱️ 17 minutes
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| 0:00.0 | I should start here with a production note. We recorded parts of this episode about the power of the |
| 0:06.2 | president to hire and fire people as described in the US Constitution four separate times. Why did we have to do it so many times? Because the president |
| 0:15.5 | kept firing people. This probably shouldn't be surprising because in addition to |
| 0:19.9 | being a real estate tycoon he was most famous for being a reality TV star whose catch phrase was, |
| 0:25.5 | you were fired. But still, each firing had its own implications and they changed the scope of the |
| 0:30.6 | discussion about the appointments clause of the Constitution and the removal power of the executive just a little bit, so we kept coming back to it and talking more. |
| 0:38.0 | With Comi on everyone's mind and insiders discussing the possibility of Trump firing special counsel Robert Mueller, |
| 0:43.8 | that's the person who's leading the Russia investigation, |
| 0:46.0 | this seemed like a good time to talk about appointments and removals. |
| 0:49.4 | But we're going to turn back the clock to a more innocent time when Trump had only fired Sally Yates. |
| 0:56.0 | When Trump became president, Sally Yates was the acting or temporary attorney |
| 1:01.0 | general. That's the head law enforcement official for the federal government. |
| 1:04.4 | That's because Jeff Sessions hadn't yet been confirmed as attorney general. |
| 1:08.1 | At the end of January, Trump fired then acting attorney general Yates shortly after she had ordered the |
| 1:14.0 | Department of Justice not to defend the first executive order trumpet sign |
| 1:17.8 | that's the one that banned citizens from seven majority Muslim countries |
| 1:21.6 | from entering the United States. |
| 1:23.6 | That order, of course, was blocked by district courts |
| 1:26.1 | who ruled against it. |
| 1:27.2 | At the beginning of March, Trump asked 46 United States |
| 1:30.4 | attorneys. |
| 1:30.9 | These are the chief regional federal prosecutors |
... |
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