Tag: U.S. Department of Justice

Commentary: The U.S. Constitution Allows For The Appointment Of Temporarily ‘Acting’ Officials Without Senate Confirmation

Gregory Watson

In its Article II, Section 2, Clause 2, the United States Constitution provides that the President of the United States: …by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States whose Appointments are not otherwise provided for, and which shall be established by Law…” This means that, by a simple majority vote of the 100-member U.S. Senate, the President may nominate — and the Senate may confirm — various appointees within the Executive branch and within the Judicial branch of the federal government. In the aftermath of the November 6, 2018, general election — and the Republican Party enjoying a net gain of three seats in the U.S. Senate — President Donald Trump should experience less difficulty, during the upcoming 116th Congress (2019-2020), with how his nominees are received in the nation’s highest legislative body, than had been the case during the 115th Congress. But not every appointment requires action by the U.S. Senate — regardless of whether that body is officially in session or is in recess between sessions. The Constitution’s Article II, Section 2, Clause 3, reads…

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Tennessee Department of Safety and Homeland Security Improperly Used Asset Forfeiture Funds, DOJ Says

Wendy Wilson

  The Tennessee Department of Safety and Homeland Security inappropriately used $112,614 in asset forfeiture funds on catering, a luncheon, banquet tickets and retail food, according to a report from the U.S. Department of Justice. The report released this week looked at expenses from 2014 through 2016. Through the DOJ’s Equitable Sharing Program, state and local law enforcement agencies directly involved in cases resulting in federal forfeiture can claim a portion of federally forfeited cash, property and proceeds. But guidelines restrict using the assets for law enforcement purposes only. The purchase of food and beverages is included on a list of unallowable expenses. “The use of equitable sharing funds to purchase catering, a luncheon, banquet tickets and retail food is contrary to the Equitable Sharing Guide and its goal of promoting and maintaining the integrity of the Equitable Sharing Program to merit public confidence and support,” the report notes. When the DOJ presented its findings to the state Department of Safety, its controller said he did not know food-related purchases were not allowed, according to the report. Other officials said they considered catering expenses to be in support of law enforcement activities. The DOJ report also noted that the state Department…

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