Mon 11/12: No one is above the law…the sequel.

Action #1 – Tell your legislators that we want these bills (HR 3771 & 3654/S 1741 & 1735) to protect Mueller pushed to the finish line. 

These bills all state that an Attorney General overseeing a special counsel either has to be confirmed by the Senate, or by the most senior confirmed member below them if they recuse themselves. Also that the special counsel can only be removed for good cause, (which is NOT that Trump is terrified of them) and that the Special Counsel can file an action for judicial review.

Minimal script for reps: I’m calling from [zip code] and I want Rep. [____] to cosponsor HR 3771 (and I want to thank him/her for cosponsoring HR 3654) 
Check for your representative here:

Minimal script for senators: I’m calling from [zip code] and I want Senator [____] to cosponsor S 1741 and S 1735.
Check for your senator here:

See listing at Action #2.

Action #2 – Call your legislators and demand that Matthew Whitaker recuse himself from the Mueller investigation.

Sessions had to recuse himself because of a couple of conversations with Russians. His acting replacement, Matthew Whitaker, former legal commentator for CNN, was an harsh critic of the Mueller investigation, and publicly defended Donald Jr. in the investigation into his meeting with Russian operatives. In an interview, Whitaker stated “I could see a scenario where Jeff Sessions is replaced, it would (be a) recess appointment and that the attorney general doesn’t fire Bob Mueller but he just reduces his budget to so low that his investigations grinds to almost a halt.” (This is from last week…there are soooo many more reasons to stop Whitaker now…pick your favorites from Action #3 below or do one a day for the week. Thank you, free press!)

This is how a criminal lawyer thinks, not someone defending the interests of the United States.

Minimal script: I’m calling from {zip code} and I want Sen./Rep. [___] to demand that Matthew Whitaker recuse himself from the oversight of the Mueller investigation for the duration of his time as acting attorney general.

Additional script if you want it: …due to his history of advocating defunding and imposing limitations on the investigation and his active defense of a possible collaborator (or anything from Action #3).

Rep. Julia Brownley: (CA-26): DC (202) 225-5811, Oxnard (805) 379-1779, T.O. (805) 379-1779
or Rep. Salud Carbajal: (CA-24): DC (202) 225-3601, SB (805) 730-1710 SLO (805) 546-8348
Senator Feinstein: DC (202) 224-3841, LA (310) 914-7300, SF (415) 393-0707, SD (619) 231-9712, Fresno (559) 485-7430
and Senator Harris: DC (202) 224-3553, LA (213) 894-5000, SAC (916) 448-2787, Fresno (559) 497-5109, SF (415) 355-9041, SD (619) 239-3884
Other Contacts

Action #3 – We’re keeping a little list. Join in if we’ve missed any reasons why Whitaker is a bad choice for AG.

Send any new items to

1. He should never have been appointed: His appointment is illegal for at least three reasons, according to Justice Clarence Thomas.

2. Previous bias: He has publicly defended Donald Jr. in the investigation into his meeting with Russian operatives and spoken out against the Mueller investigation.

3. No thanks, we already have one of these: He was on the advisory board of a company the FTC characterized as a “scam” that bilked thousands of customers out of millions of dollars”. This is very similar to Trump’s self-named university scam. Whitaker was not convicted of any crime, but his participation demonstrates at the very least carelessness and lack of character.

4. It’s the simple things: He misused a charitable group’s tax-exempt status to endorse of oppose political candidates. You’d think an attorney who wants to be in charge of all law enforcement could keep track of the simple differences between regular charities ((501(c)(3)) and groups allowed to politically lobby.

5. That’s a  hard “NO” on theocracy: He has a very iffy grasp of the separation of church and state. He has gone on record effectively saying that he sees no place for judges of Jewish, Hindu, Muslim, Buddhist, agnostic or other faith, or of no faith.

6. Did he miss out on School House Rock?: He doesn’t believe in Marbury v. Madison, the case that laid the foundation for the American rule of law, which has deservedly caused him to be labeled a “crackpot”. In 1803, this U.S. Supreme Court case established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that contravene the U.S. Constitution. The Court’s landmark decision established that the U.S. Constitution is actual “law”, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.

7. Ooops, add this to item #1: Whitaker served as chairman of Sam Clovis’s campaign for state treasurer and Clovis has testified before the grand jury in the Mueller investigation. Walter Shaub, who was director of the U.S. Office of Government Ethics for four years before resigning in July 2017, said both these facts disqualify Whitaker from supervising the Mueller investigation. “Whitaker has to recuse himself under DOJ’s regulation requiring recusal if you have a personal or political relationship with someone substantially involved in conduct that is the subject of the investigation or prosecution.”

8. Well-financed friends before facts: He is a big ol’ climate change denier, going on record in 2016 to defend Exxon, as one of the oil companies that lied to their investors and the public about the existence of climate change. A number of state AG’s claimed that Exxon was aware of climate change issues and deliberately covered them up, defrauding their investors by lying about their exposure to risk and possible loss of funds. Whitaker promised that his organization, the “Foundation for Accountability and Civic Trust”, would continue to try to obstruct the 17 state attorneys general involved for doing their job. His organization was funded through a secretive website frequently used by conservatives like Charles Koch to make anonymous donations.

9. Really? Just really?: OK, just going to repeat the title of this article here: “Trump’s Action Attorney General of the Country Suggested He “Believes” in States’ Right to Nullify Federal Laws” .




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