Friday, January 13, 2012

Justice Department report defends Obama’s ‘recess’ appointments legal | CowboyByte

Justice Department report defends Obama’s ‘recess’ appointments legal | CowboyByte

Justice Department report defends Obama’s ‘recess’ appointments legal

The Justice Department is defending the legality ofPresident Obama’s recent recess appointments, releasing Thursday a 23-page legal opinion that critics say is “unconvincing” and whose timing doesn’t coincide with the president’s decision.

The memo, justifying appointments made last week while Congress was technically not recessed, concludes what the White House claimed at the time — that Congress isn’t able to do business during “pro forma” sessions so it counts as a break

“The convening of periodic pro forma sessions in which no business is to be conducted does not have the legal effect of interrupting an intrasession recess otherwise long enough to qualify as a ‘Recess of the Senate’ under the Recess Appointments Clause,” reads the Jan. 6 memo written by Assistant Attorney General Virginia Seitz.

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239 Responses to Justice Department report defends Obama’s ‘recess’ appointments legal

  1. Jim Laubscher says:

    So what else is new? He still hasn’t shown a real birth certificate with the raised embossing. He’s gotten all sorts of judges to dismiss. He’s acting like he’s a dictator.

      • Patriot says:

        Good point!

        • James Fontana says:

          You wait something will blow up in Iran and he will declare a state of emergency and suspend the constitution. He will enact, not marshall law but, shariah law. He already thinks he is above the law and has to answer to no one. Time for he and the first hose bag to leave Washington, of course they are hardly ever there. Let us clean up the White House and take out the trash.

          • arlo says:

            He might enact shariah law, but how is he going to enforce it, I am ready

          • Ed Orr says:

            More and more I am hearing that b.o., in a last ditch effort to complete his scorched earth policies upon us will quit the office of the presidency. He will blame it on racism and a congress who worked against him and will continue to do so even if he were reelected. This mentally ill usurper has injected his powerful drug into the minds of the weak and ignorant which has the resultant effect as something along the lines of thorozene. The patient (voter) is rendered incapable of extracting themselves from their new world of hopelessness and no change without the assistance and guidance of doctor b.o. We can no longer hope but must FORCE needed changes.

          • corky66 says:

            Those who are in a position to remove obama either by impeachment, or by showing the Country he is not legal to serve in the WH have proven themselves COWARDS.
            obama WILL do something this year to lie, cheat or take by RULE the position of dictator of this once Great Country. They proved they can go against the will of the people when they FORCED obummercare on us. IT WILL come down to a civil war I’m afraid. Myself? I’m ready to fight this imposter and his crooks. Better wake up AMERICANS!

          • E says:

            James F.
            We should be so lucky. As they say, “You can run, but you can’t hide.”

          • Paul R. says:

            James, you are so right.

          • Chad says:

            Don’t just stop with the White House tho’! Get ALL of the subversive trash out of our Government, who have actively legislated in brazen High Treason against the Constitution of these United States & we the American people! ALL Traitors MUST be held accountable!

          • DocJohnM says:

            I may be disabled with a broken body from service to MY country in the Navy/Marines but I’m not dead yet. I’m ready! …To defend against all enemies both foreign and domestic. I took that oath seriously and still do.

          • daves says:

            Sharia is overwhelmingly concerned with personal religious observance such as prayer and fasting, and not with national laws.

          • jacy says:

            I think Obama, like the Japanese after Pearl Harbor who did not invade the US because they knew every American had a gun – might be thinking about that. We, as Americans have strayed away from the strong patriotism that we had in WW11 (I was ten when we were attacked) but I don’t believe he would be wise to suspend the constitution. Saying that – Obama is not a wise man – he is a Soros/Ayers puppet! I know his ago is so big that he thinks he is above the law –

            So come on Obama! Try to suspend our constitution or implement Shariah law…my instinct tells me that Americans might come out of the woodwork. They might think you have gone a little too far!

      • Letrfly says:

        There is a situation that could arise and postpone a POTUS election. It could be a legitimate or generated situation, especially for an incumbent who is heading for certain loss and is desperate for a continuation of status quo by any means. B.O. has no scruples as we have seen. He is on record, ad infinitum. Dictator is not a strong enough mantle unless the further descripto of Tyrant is applied. After all, these are the Biblical Last Days you and I are living in. Prepare yourself with Jesus the Christ and for survival mode just around the corner!!!

      • Obama is actig; Hes acting like he knows everything, we know nothing. Hes acting like he cares, Hes acting like hes doing the right thing. Hes acting as though people like Adolf Hitler, Karl Marx, Fidel Castro Joseth Stalin etc. were doing the right thing. They were just misunderstood. Get real.

    • Die Free says:

      This Kenya born odummer is doing something against the common sence of things. This is what he does and then tells people it’s someone else is fault. This is how a dictator is put into power. If the people don’t take this guy out soon we will be calling him chairman very soon.

      • carol says:

        never will say president or chairman call him what he is liar dictator or ???

      • Ray Sarchet says:

        Obama was their Manchurian Candidate. Picked by the Soros led
        anti-American Euro Socialist Mafia to knock America out of world leader
        status by the most clandestine secrective illegal methods they could dream
        up. They have made progress and then intend to continue.

        They do secretly own Romney. He is their dark horse buffer in case our
        country would actually turn against Obama. If Romney gets the nomination
        believe me he will lose (just like McCain) on purpose. If Romney should
        actually become the POTUS he will continue Obama’s programs.

        • Ralph says:

          Or, on the other hand, George Soros and his pals and lots of rich
          mormons all see Bain Capital Vulture Business Man? Magic Underwear LDS Cult Bishop RINO Willard Mitt Romney as Der
          Leader Kenyan Messiah Barack Hussein Obama’s Replacement
          since they know Obama is toast in 2012. That Arrogant American
          Job Outsourcer and Job Destroyer Vulture RINO Romney will be
          just as bad or even worse,if that is possible then Obama since Mitt Romney is as big a total phony and disaster as Obama!

          • corky66 says:

            Romney for “Hope and Change?” Romney is nothing more than a white obama. Look at his stance on state run healthcare. He lies (flip/flops) on many issues. He cannot be trusted at all. This Country is so full of fools who will vote for Romney or even obama because they just don’t understand what these men (?) are really doing to our Nation.

        • gman4691 says:

          Romney is just Obama wearing a different color tie.

        • jacy says:

          Newt, with all the baggage, is a far better candidate than Romney. He has more experience. Romney’s governmental experience is as a one term governor – other than Bain Capital (where I’m not quite certain how an investment Corp who buys and sells businesses is responsible for creating thousands of jobs other than buying the business who has their own management team.) Romney, as a one term goverrnor and Bain Capital, a socialist/RINO/flip flopper on major issues is going to be trusted (remember Romneycare) to repeal Obamacare? To not flip flop if elected president? The MSM and even the GOP establishment are coming down on Newt for some negative ads which I find reprehensible – they didn’t come down on Romney who ran some of the nastiest negative ads against Newt in Iowa – 3 milion dollars spent and Newt shouldn’t fight back? Is
          romney supposed to stay untouched – like Obama was in 2007=8? I know theGOP is in the tank for Romney – and I resent that – they gave us McAmnesty and Bob Dole – neither won!

    • tpm44 says:

      If you want to do something about it after you view this and ask why is he still president get it to your politicians and get them off their asses.
      Not born in Hawaii ! click on the link below http://www.youtube.com/watch?v=MwhKuunp8D8&feature=player_embedded
      THIS NEEDS TO GO VIRAL

      • Insurgent says:

        I write to Rep. Lynn Jenkins from Kansas all the time about this illegal Kenyan idiot and all I get in return is a flowery form letter sent out by a staff member telling me what a wonderful job she is doing for the state of Kansas. There is much more manure in Washington, DC than there is in all the Kansas feedlots.

        Washington, DC is America’s cesspool for liars, whores, and thieves.

      • Michael says:

        The House of Representatives is the only body which can stop this insane attack on our Constitution. I have written my representative and I strongly recommend you all do the same. We must stop this, or we are looking at the same results the Germans got in 1934 with Adolf.

        • RALPH says:

          you are 100% correct.

        • Paul R. says:

          People in states where your representatives actually represent you must do it. Those of us in La La Land like California have our hands tied and the idiots that were elected by other idiots will not listen to those of us who have some sanity left. In California, the queers in SF and the ultra left in LA control our state and there are not enough conservatives here to turn this once great state around.

        • StanB says:

          Michael says “The House of Representatives is the only body which can stop this insane attack on our Constitution.”
          Something tells me you do not understand how our government works. The House of Representatives is only 1/2 of the Legislative Branch of Government. Everything the House passes must be passed by the Senate to become law. The Senate is controlled by the Democrats, who are not letting House Bills pass through the Senate.

          The Democrats control the Senate (therefor they control the Legislative Branch), they control the Executive Branch, and they have inundated the Judicial Branch with Liberal Activist Judges who render decisions based upon political bias, instead of the Constitution.

          Obama has a true shadow government, as he has installed 44 czars that circumvent the Congress, Michelle obama has 22 handmaidens at her disposal; which makes 66 people who operate outside the trifecta of government “check and balances”. And you think that the House of Representatives can stop this insane attack on our Constitution? Just what have they been able to stop? Obama’s unconstitutional appointments? His Illegal Alien “Dream Act” via executive order? Payouts to Solyndra? Light Squared? Eric Holder’s biased DOJ? Any other executive orders he has issued?

          No they haven’t, because they are powerless to stop them and the liberal agenda. The only way to stop his unconstitutional agenda is to control both Houses of Congress; which is a start; then regain control of the Federal Courts from the liberal activist judges. Fire all Czars and handmaidens. And Finally oust the Democrats from the Executive Branch come November. Then America can revert back to the true Constitutional form of Government

          And for those who think o=bama can be stopped by the House Impeachment of the President, you are mistaken; the Democrat Controlled Senate won’t convict / remove him. They (democrats and Rinos) are in fact in agreement with his policies.

        • ABO says:

          Mike, my U.S. senators are Pat Leahy and Bernie Sanders and my U.S. representative is Peter Welch. I’ve written to all three with several concerns and was told in the form letter I got back that I should be thrilled that my elected reps are working hard to help the president advance his wonderful agenda. No surprise there but when I wrote a similar letter to John Beohner, not that my state is his district ‘, but because of his position in the House of Representatives, I got back a Form letter telling me what a great job Mr. Beohner is doing! Hence my opinion on both sides of the aisle! Sorry ,Mike but they just don’t give a rat’s ass!!!

          • Insurgent says:

            ABO, you are on the money. These a-holes in DC are only concerned about protecting their financial assests and repaying favors to their largest contributors. The rest of the time they spend promoting themselves for upcoming elections. They could give a shit less about the working taxpaying American and until people figure that out—–
            we as voters and taxpayers are screwed !!!!

            Still not convinced the voting machines are not rigged.
            How in the hell did this country end up with an illegal Kenyan?????

      • d rash says:

        TPM44, for the last time, that video is a fake, and has been proven as such, foe wll over a year now. GET A LIFE! Obama is a phony, but that video proves nothing. Show me one, just one close up of his face and mouth, when ANY of the damning statements are made. Very clever editing. It is a video example of “Photoshop”!

    • Insurgent says:

      America does not have a president, only an illegal LFN from Mombasa, Kenya.

    • Sounds like the president and his buddy Eric need a recess.

      • del says:

        Both these racist pukes need to be thrown in a strong prison….Illegal and way out of control both of them!!!

      • Windrinker says:

        Maybe a vacation to Alcatraz…they could have the place all to themselves…no maid service, all meals are eaten-in.

      • Ed Orr says:

        I think they explore each others recesses and cavities every day during recess and in a closet.

        • David says:

          I think they’re both homos and am not kidding.

          • Ed Orr says:

            Of course you are right but using the H word is like using the N word in todays politically correct society. I think they refer to themselves as gay but that might not be current in today’s fast changing world.

          • d rash says:

            Let’s just go old fashion and simply call it what is is: QUEER! To hell with fancy political correctness, and embelle3shed speech. QUEER gets the proper idea across. Gay, means “happy”.

          • Ed Orr says:

            Hey rash, in reality I am with you about the PC thing. I was only trying to highlight how far this has all come. In the very near future PC will be banned if I have anything to do about it. This entire election of B.o. is a racial issue which pits the vast majority of blacks against non blacks and anyone who doest’t see it for what it really is need to be honest with themselves.

    • T-Texas says:

      How can anything be legal that this illegal kenyan olepileofsheet does when he is constitutionally ineligible to be president to start with. This is one reason I will not vote for any incumbent that is in office, they continue to let him stay in office.They are not living up to their obligation to protect the constitution from foreign and domestic attacks/

      • Windrinker says:

        All of Congress is protecting America’s worst enemy….the illegal foreigner squatting in the oval office instead of his mud hut!

        He is not a legitimate president and it is illegal for him to occupy the White House. Drag them all out by the heels, kicking and screaming.

    • Dennis Kramer says:

      More like the Messiah that he thinks he is.

    • Carlos Ramirez says:

      He is a dictator. He is doing the same things Hugo Chavez has done in Venezuela

    • Budman says:

      There is one Jim although I don’t know if it is embossed. It is in Kenya and certified by a British Magistrate. Obama did a very bad job of trying to make it look like he was born in Hawaii and couldn’t even get that right falsifying the information on the Certification of Birth. A person does not have to be born in the State of Hawaii to obtain such and his mother went straight to Hawaii after the birth in Kenya to do this to make it appear he was a natural born citizen.

    • Stan in Texas says:

      HE IS A DICTATOR!!!!!!

      All it takes to be a dictator is for someone to do things that they want to do and that the governed do not want.

      IF NO ONE STOPS HIM, HE IS A DICTATOR!!!!!

    • slapjack says:

      You better believe the Kenyan is a DICK-TATTER. Right along with all his cabinet. We were duped by the worst of the worst. Impeach the Obummer now.

    • Ted says:

      The Constitution requires that for either house of Congress to formally be “in recess”, the other house must give its permission. The Senate has no such permission for a recess, whether it’s been formally declared or not. The appointments will be thrown out as illegal as soon as a federal judge gets the chance to make a ruling. Obama wants the power of a Fidel Castro or Joseph Stalin, without any restriction. He attempted to assume dictatorial powers and will continue to do so. Fussing about it does no good. He has to be taken to court every time he crosses Constitutional boundaries and needs to be tossed out of office on his butt in November. We MUST get rid of this crazy bastard.

    • Chris Olufsen says:

      Listen: the birth paper is not important. What is that he did not have two parents that were citizens of the united States. His dad was from Kenya. Therefore he is not legal in the President. He has no business there. But the Republicans are so wrapped up in fighting each other they cannot see what is important. They should turn their guns on Obama. not each other.

    • ABO says:

      Why wouldn’t he act like a dictator, Jim, that’s exactly what he is!

    • Mike Tanco says:

      Amen and Amen. The jerk is breaking laws left and right and not many people give a rat’s ass. Congress is as weak as our Muslim ,fraudulent President. Mike Tanco

  2. Insurgent says:

    The LFN from Mombasa, Kenya is illegal and unqualified to sleep in the White House. How can anything he has done since November, 2008, be LEGAL???

    The price America pays for the southern plantation owners buying slaves is astronomical and growing greater every day!!!!

    Life is tough, but it is tougher when you are stupid. John Wayne

    • graybuffalo says:

      Yes, and all the guilt-ridden bleeding heart lunatic libs voted away their guilt in 2008. Our ONLY salvation is that they vote with their brains this time around. That is presupposing that they DO have a brain.

      • Ed Orr says:

        Right on and what bothers me are are those young followers of Ron Paulmight do the normal young people knee jerk thing to refrain from voting if their guy does not get the nomination to go against the abomination. Of course the same thing goes for anyone who sticks out their lip if their man is not nominated as well and do not vote in protest. …they will all be doing their country irreparable harm if this thing is not removed by we the people.

        • Daniel5714 says:

          That’s where Your wrong…Their Vote/Your Vote/My Vote or anybodys Vote for that matter does not count! The only Votes that matter is the Electorial College! I am 54 Years Old and have never Voted and will not Vote until our Vote Counts…The Electorial College will Vote in whoever they want,whenever they want and if Odumbo is the one they choose then He will be the next President…And there’s nothing that You,I or anyone else can do about it/It’s just that simple! Your Vote is nothing more that wasted Time and wasted Gas for the trip to the Polls…You should stay Home and not waste Your Time and Gas because the outcome will be the same whether You Vote or not!

          • Ed Orr says:

            I think that everyone here KNOWS about the electoral college, something we all automatically assume like placing one foot in front of the other in order to walk. To say that none of our votes actually mean anything is what is wrong because the way we vote influences the electoral college. So you can huff and puff and feel like you have educated us all but in the end it is YOU who is wrong and doing a disservice to the younger voters and nothing more. So tell us, how many times have you felt as though you were screaming in the forrest to make the “popular” vote the law of the land so that all the votes would actually count and there was no one to hear you. Are we on the right track now?

        • don says:

          thats fine most of us want to replace obabmoe regreme. just what do we get with mitt or newk? same crape. ho ray we have not gained dillily squat.all these 2 want is control of the money an it want be to cut our depcite. one man has a plan but you call him crazy. i say we are stupit not to listen. this crazy man just gave back 500,000$ to treasurey excess mony he didn’t need to run office last year.mitt an newk never gave back nothing.we are stupid be cause we see ron paul as the onily one who really cares about the usa,

    • Windrinker says:

      Insurgent says, “the price America pays for the southern plantation owners buying slave is astronomical.”

      Are you serious, you say that all the time!

      Do you really believe that is why we have an illegal foreigner squatting to pee, in the oval office?

      • Insurgent says:

        Quite simply ——————the government and too many idiot fall for the race card trick and continue to kiss their ass. That is one of the reasons the welfare numbers have increased. Yes, daily, we pay the price for the SP’s ownership of slaves.

    • pilot says:

      Our esteemed “god on high”,- has never had any family kin in slavery though!!
      His family in Kenya are the people that caught or bought them- to sell into slavery! This “segregation attitude” victimizes those poor folks who are! Unfortunately they are buying it, because he offers things for free (and probably buys votes freely too)!
      This threatens to put them back into segregation again, and they are not able to see it, because they are blinded by promises of power, money, and power! So very sad to waste minds that could be productive,– with same results as “hard drugs” in the end!
      Actually they should be rebelling against him if they think “slavery roots” are their problem!!

    • corky66 says:

      OK, obaummer is illegal. Just how do we remove him from the WH? The low life senators and representatives are nothing more than money hungry, lying COWARDS! If they were not, something would have been done already. I contacted Senator Rubio (FL) about the subject of the president being illegal and he sent me bach a mail telling me just how good he (Rubio) is doing on the economy. We, our Country, is on a downward spiral…

  3. CAllenDoudna says:

    Senator Obama himself participated in pro forma sessions to prevent President Bush from making recess appointments.

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