Root for Sessions to Hang On

It may seem bizarre to root for Sessions to stay AG, and it may be cruel to want anyone to suffer daily Tweet attacks from Trump, but we should be hoping Sessions does not resign. Trump has a strategy: get Sessions to resign, rather than have to fire him, so that Trump can use a recess appointment to find any Senate-confirmed Trump-loyalist to serve as a new AG and to do his dirty work to fire Mueller. Steve Vladeck has a terrific post today explaining the legal framework and why a resignation rather than a firing is so helpful to Trump.

Update: It looks like Senate Democrats have found a way to block Trump from making recess appointments, so it may not matter if he fires Sessions or forces him to resign through humiliation.

Author: Jed Shugerman

Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. Father of three, married to a Canadian, but I'm not laughing at any of the "So you really can move to Canada!" jokes in 2016. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I'm working on the Emoluments litigation against Trump, as well as a history of prosecutors and American politics, and another project on the origins of "independent agencies" in America.

1 thought on “Root for Sessions to Hang On”

  1. Just heard Dick Durban say that he would not commit to a filibuster but that Democrats are reviewing other options. It certainly would be better if Republicans agreed that there should be no actual recess and that it is a bipartisan decision not to allow this President under investigation to make recess appointments.


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