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. JD/PhD in History, Yale. 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 filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.

One 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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