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RECUSAL OF JEFF SESSIONS! RECUSAL OF MATTHEW WHITAKER?

Was AG Sessions’ recusal falsely engineered to the extreme harm of Jeff Sessions and POTUS TRUMP? Yes.  Should Acting AG Whitaker recuse himself? No.

Richard W Linford

RECUSAL OF JEFF SESSIONS! RECUSAL OF MATTHEW WHITAKER? 

Was the AG Sessions’ recusal falsely engineered to the extreme harm of Jeff Sessions and POTUS TRUMP? Yes. Should Acting AG Whitaker recuse himself? No.

© Copyright 2018

Linford Corporation

All domestic and international rights reserved

Foreword. Some accept Jeff Sessions’ recusal at face value while such should not be the case. Judging Jeff Sessions’ recusal by what politicians and political groups did and do, by the effect of their votes and actions, not simplistically by what they say, suggests that AG Sessions’ recusal was  engineered to the extreme harm of POTUS TRUMP.  Acting AG Matthew Whitaker would be remiss to recuse himself and POTUS Trump would be remiss to let him.

RECUSAL OF JEFF SESSIONS! OF MATTHEW WHITAKER?

Was the AG Sessions’ recusal falsely engineered to the extreme harm of Jeff Sessions and POTUS TRUMP? Yes. Should Acting AG Whitaker recuse himself? No.

 

  1. RECUSAL DEFINED?
  2. “Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. “
  3. https://www.google.com/search?q=recusal&oq=Recusal&aqs=chrome.0.0l6.1520j0j7&sourceid=chrome&ie=UTF-8; https://en.wikipedia.org/wiki/Judicial_disqualification
  4. Another definition. “The verb recuse is used in legal situations and means to remove someone from a position of judicial authority, either a judge or a member of a jury, who is deemed unacceptable to judge, usually because of some bias.” “The Latin recusare, meaning “to refuse” is the place to start in the history of recuse. You can recuse someone else, but also yourself.
  5. https://www.vocabulary.com/dictionary/recuse
  6. Recusal “… means to disqualify oneself as a judge in a particular case. It means to remove oneself from participation in a situation in order to avoid a conflict of interest.”
  7. https://www.merriam-webster.com/dictionary/recuse

 

  1. CONFLICT OF INTEREST DEFINED?
  2. A conflict of interest is “a situation in which the concerns or aims of two different parties are incompatible.” A conflict of interest is a situation in which a person is in a position to derive personal benefit from actions or decisions made in their official capacity.” https://www.google.com/search?ei=C0TrW_HRAfHBjgTT66LoBQ&q=conflict+of+interest&oq=conflict+of+interest&gs_l=psy-ab.3..0i20i263j0j0i20i263j0l7.6693.9500..9771…0.0..0.125.2180.1j19……0….1..gws-wiz…….35i39j0i131j0i67j0i131i67.DJJsVT6g4OM
  3. A conflict of interest “is a situation in which an individual has competing interests or loyalties. Conflicts of interest involve dual relationships; one person in one relationship and a relationship in another situation.
  4. https://www.thebalancesmb.com/what-is-a-conflict-of-interest-give-me-some-examples-398192

 

  1. HOW ARE CONFLICTS OF INTEREST RESOLVED?
  2. Through recusal. Either a person recuses himself or herself, as in the U.S. Supreme Court justices, or a person can be compelled to recuse himself by virtue of administrative decree, edict, order, command, or injunction.

 

  1. Through waiver. The opposition can waive any conflict of interest.

 

  1. Through contract. Parties can agree to terms of a recusal.

 

  1. Through insurance. The party with the alleged conflict of interest can provide a pledge or insurance guaranteeing he or she will not permit earlier or present conflicts to make a difference in decisions or actions.

 

  1. The party with the alleged conflict of interest can refuse to accept a recusal, thereby setting the stage for litigation of the matter before a court of law or administrative judicial body.

 

 

  1. WHAT ARE JUDICIAL EXAMPLES OF RECUSAL?
  2. Clarence Thomas recused himself in a case involving Virginia because his son attended Virginia Military Institute.
  3. Supreme Court Justice Sandra Day O’Conner recused herself from participation in telecommunications cases. Why? Because she owned stock in telecommunications companies.
  4. Supreme Court Justice Stephen Breyer recused himself from participation in insurance related matters because of a connection he had to Lloyd’s of London.
  5. Chief Justice William H. Rehnquist recused himself from several cases Arizona attorney James Brosnahan argued before the Supreme Court because James Brosnahan gave testimony against Justice Rehnquist during his confirmation hearing.
  6. Three Supreme Court Justices – Scalia, Souter, and Thomas recused themselves in a death penalty appeal because they knew the victim’s son.
  7. https://en.wikipedia.org/wiki/Judicial_disqualification. Legal Citations provided at this URL.

 

  1. WHAT ARE JUDICIAL EXAMPLES OF REFUSAL TO RECUSE?
  2. Justice Hugo Black did not recuse himself in the Jewell Ridge Coal case.
  3. Even though in the past he opined that arrests were valid, Associate Justice Rehnquist refused to recuse himself in a case involving validity of certain arrests.
  4. Justice Scalia refused to recuse himself in a case involving VP Dick Cheney as a party even though Justice Scalia was a participant in a hunting trip with Mr. Cheney.
  5. Justice Scalia refused to recuse himself in a Pledge of Allegiance-related case, notwithstanding Justice Scalia stated his view that a party’s claims had no merit.
  6. There are a number of other federal cases where judges refused to recuse themselves, one involving federal judge Leon Higginbotham, one involving Paul Borman, one involving Michael Mukasey.
  7. https://en.wikipedia.org/wiki/Judicial_disqualification.  Legal Citations provided at this URL.

 

  1. RECUSAL IN ADMINISTRATIVE AGENCIES?
  2. The concept of recusal applies to administrative agencies.
  3. Perhaps the most famous recusal to-date is that of US Attorney General Jeff Sessions.
  4. He recused himself from matters relative to “Russian interference in the 2016 election.”
  5. Sessions claims he did not give up his responsibility to serve as the nation’s law enforcement officer.
  6. Sessions claims he merely ceded control of “Russia investigations” to Assistant Attorney General Rod Rosenstein.
  7. https://www.romper.com/p/what-does-recuse-mean-jeff-sessions-is-stepping-away-from-russia-investigations-41995

 

  1. DEPARTMENT OF JUSTICE REGULATION MR. SESSIONS RELIED UPON AS LEGAL SUPPORT FOR HIS RECUSAL?
  2. He relied on Department of Justice regulation: Title 28, Chapter I, Section 45.2, Code of Federal Regulation, title “Disqualification arising from personal or political relationship.”
  3. 2(a) and (b) read:
  4. (a) Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with:
  5. (1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or
  6. (2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.
  7. (b) An employee assigned to or otherwise participating in a criminal investigation or prosecution who believes that his participation may be prohibited by paragraph (a) of this section shall report the matter and all attendant facts and circumstances to his supervisor at the level of section chief or the equivalent or higher. If the supervisor determines that a personal or political relationship exists between the employee and a person or organization described in paragraph (a) of this section, he shall relieve the employee from participation unless he determines further, in writing, after full consideration of all the facts and circumstances, that:
  8. (1) The relationship will not have the effect of rendering the employee’s service less than fully impartial and professional; and
  9. (2) The employee’s participation would not create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.
  10. ( c) For the purposes of this section:
  11. (1) Political relationship means a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof; and
  12. (2) Personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality. An employee is presumed to have a personal relationship with his father, mother, brother, sister, child and spouse. Whether relationships (including friendships) of an employee to other persons or organizations are “personal” must be judged on an individual basis with due regard given to the subjective opinion of the employee.
  13. (d) This section pertains to agency management and is not intended to create rights enforceable by private individuals or organizations.

 

  1. DID MR. SESSIONS COMPLY WITH THE TERMS OF THE REGULATION UPON WHICH HE RELIED? ANSWER: IT APPEARS THAT HE DID NOT.
  2. Paragraph b) of the DOJ regulation reads: An employee assigned to or otherwise participating in a criminal investigation or prosecution who believes that his participation may be prohibited by paragraph (a) of this section shall report the matter and all attendant facts and circumstances to his supervisor at the level of section chief or the equivalent or higher.
  3. Sessions was obligated to “report the matter and all attendant facts and circumstances to his supervisor [POTUS Trump].” Did he do this? No he did not.

 

  1. UNLIKE RECUSAL IN THE MATTER OF A SUPREME COURT OR OTHER JUDGE WHEREIN THEY HAVE THE RIGHT TO DETERMINE WHETHER THEY WILL OR WILL NOT RECUSE THEMSELVES, WHOSE CHOICE WAS IT WHETHER MR. SESSIONS RECUSE HIMSELF OR NOT?
  2. According to the DOJ regulation Mr. Sessions relied upon, the choice as to whether Mr. Sessions should recuse himself belonged to POTUS Trump.
  3. Why? Because The DOJ regulation reads:
  4. If the supervisor determines that a personal or political relationship exists between the employee and a person or organization described in paragraph (a) of this section, he shall relieve the employee from participation unless he determines further, in writing, after full consideration of all the facts and circumstances, that:
  5. (1) The relationship will not have the effect of rendering the employee’s service less than fully impartial and professional; and
  6. (2) The employee’s participation would not create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.
  7. Who was Mr. Sessions’ supervisor?
  8. Answer: POTUS Trump.
  9. Again, whose choice was it whether Mr. Sessions recuse himself?
  10. Answer: POTUS Trump’s choice.
  11. Session arbitrarily decided to and then announced that he was recusing himself.

 

  1. WHAT DIFFERENCE DID MR. SESSIONS’ RECUSAL MAKE?
  2. Sessions said it was “absurd” to suggest that his recusal would render him unable to manage the Department of Justice?
  3. https://www.cnbc.com/2017/06/13/heres-the-regulation-that-sessions-said-required-him-to-quit-probe.html
  4. Was it absurd to suggest that his recusal would render him unable to manage the Department of Justice?
  5. Was he in fact able to manage the Department of Justice?
  6. The answer is no.
  7. He was only able to manage a part of the Department of Justice.
  8. For his work combating gangs, dealing with drug and immigration issues, and DOJ related matters other than “Russians involved in influencing the U.S. election,” Mr. Sessions is
  9. He focused his administration on “rolling back the work of the Obama administration in liberalizing drug laws, reducing mass incarceration, and ending federal monitoring of troubled police departments.
  10. With all the good work he did, however, did his recusal make it impossible for him to manage and direct matters pertaining to the “Russian interference in the 2016 election”?
  11. Did his recusal make it –
  12. (1) impossible for him to manage and direct and call grand juries and investigate and indict and prosecute those involved in “Russian” connections to the democratic party including the Clintons and the Podestas? and
  13. (2) impossible for him to manage and direct and call grand juries and investigate and indict and prosecute those involved in “Russian” connections to Hillary Clinton including investigating whether she misused her office and colluded with the Russians and took vast sums of money from the Russians and others as campaign funds or otherwise in return for influence, whether she paid a million dollars for the “Russian dossier, “whether she took control of democratic party funds to the harm of Bernie Sanders, whether she colluded with others, including perhaps then POTUS Obama, to damage a sitting president POTUS Trump by using ill-gotten FISA warrants?
  14. Did his recusal make it (3) impossible for him to manage and direct and call grand juries and investigate and indict and prosecute those involved in the “Russian” elements of the Mueller investigation(s)?
  15. His recusal made such impossible. There is no indication Mr. Sessions provided management and direction to matters pertaining to “Russian interference in the 2016 election.”
  16. This was left to Assistant AG Rod Rosenstein who had oversight for the “Russian investigation.” Mr. Rosenstein apparently appointed and gave Mr. Mueller the investigative latitude he enjoys.
  17. Today Matthew J. Whitaker serves as acting Attorney General. He has not recused himself and any recusal would be determined by POTUS Trump if there is a continued call for recusal.
  18. Looking at the political landscape, what appears to a reasonable person, to a reasonable investigative journalist, to a reasonable special counsel, is this:
  19. It would appear that the democrats manufactured the “Russians” did it narrative as a smokescreen to cover their own perfidy in dealing with the Russians.
  20. To-date there is no indication the Russians colluded with POTUS Trump.
  21. There is a reasonable conclusion that the Democrats, including Hillary Clinton and Mr. Podesta and others, including the complicit media on the left, manufactured the “Russians influenced the 2016 election” narrative.
  22. If Mr. Sessions knew the Democrats manufactured the “Russians influenced the 2016 election” narrative, then he is either a closet liberal and party to the elaborate, far reaching fraud on the Republican party and the nation, and his recusal was intentionally designed to hamstring POTUS Trump and prevent POTUS Trump from carrying out his duty as regards criminal actions, OR
  23. If Mr. Sessions did not know that the Democrats manufactured the “Russians influenced the 2016 election” narrative, then he has been deceived by the Democrats. In this case, Mr. Sessions’ recusal was misinformed.
  24. Either way, as a consequence of the Democrat falsehood, and the subsequent Sessions recusal,
  25. (1) we the American people are not just saddled with the multi-million dollar Mueller special investigation,
  26. (2)We are saddled with a two tier justice system where the rich and famous commit felonies and escape grand jury indictment and subsequent arrest, prosecution, fines, and imprisonment.

 

  1. CONSEQUENCES OF THE SESSIONS RECUSAL?
  2. To-date, after all this time, we the people still have no answers to critical questions.
  3. Did the Democrats collude with the Russians?
  4. Did the Democrats receive funds from the Russians?
  5. Did the Democrats manufacture the “Russians interfered in the 2016 election” narrative?
  6. Did they, including then Barack Obama, and closet or open liberals in the Republican Party, engineer Mr. Sessions’ recusal and the “Mueller special counsel” in order to marginalize a duly elected sitting president POTUS Trump?
  7. Have they aggressively followed the Saul Alinsky principle of accusing your opponent of the very same thing you are guilty of?
  8. Did Hillary Clinton and her campaign wrongfully confiscate millions of dollars of Democratic national committee funds to the great harm of Bernie Sanders and others?
  9. Did Hillary Clinton with give or take a million dollars fund the fake “Russian” dossier denigrating POTUS Trump and do so through a Democrat law firm and fusion GPS and operatives?
  10. Did Hillary Clinton use her private email and servers and Blackberries to knowingly, or unknowingly, transfer classified information to the Russians and Chinese and others? Either way, this is felonious conduct.
  11. To what degree were the FBI leadership and other FBI persons complicit in activities that harmed and still harm POTUS Trump? Mr. Comey? Mr. Clapper? Media personalities? Others?
  12. Had Mr. Sessions failed to “recuse himself,” had he adhered to the policy and given POTUS Trump his right to choose, would we have answers to each of these questions?
  13. Is it reasonable to conclude that indictments would have been issued beyond the few seeming inconsequential indictments issued by Mr. Mueller to-date?

 

  1. FOR THESE AND OTHER REASONS, MARK LEVIN, AMONG OTHERS, CALLED FOR JEFF SESSIONS TO RESIGN AS ATTORNEY GENERAL.
  2. In April of 2018, MARK said: “The buck stops on the Attorney General’s desk, even if he recused himself as he did with the Russian matter. This is not the Russian matter. And the entire [Justice] Department is out of control now and its country first, over any politician, even if I’ve known that politician for a long, long time, his attorney general now.“I watch the president of the United States here now. He doesn’t deserve any of this. He didn’t do anything. He didn’t do anything. What do you think it is, Chappaquiddick?

    “And so it’s time for the Attorney General to step aside and for the president of the United States, he can make a recess appointment, … [of] somebody … who’s going to take … charge over what’s going on in this country.

    (Real Clear Politics, Mark Levin: Time For Jeff Sessions To Resign, Posted by Ian Schwartz, April 9, 2018. https://www.realclearpolitics.com/video/2018/04/09/mark_levin_time_for_jeff_sessions_to_resign.html)

 

  1. WHAT ABOUT MR. SESSIONS’ RESIGNATION AS ATTORNEY GENERAL?
  2. Sessions’ resignation was made according to Mr. Sessions at POTUS Trump’s instance.
  3. His letter of resignation reads:
  4. “Dear Mr. President,
  5. “At your request, I am submitting my resignation.
  6. “Since the day I was honored to be sworn in as Attorney General of the United States, I came to work at the Department of Justice every day determined to do my duty and serve my country.
  7. “I have done so to the best of my ability, working to support the fundamental legal processes that are the foundation of justice.
  8. “The team we assembled embraced your directive to be a law and order Department of Justice.
  9. “We prosecuted the largest number of violent offenders and firearm defendants in our country’s history.
  10. “We took on transnational gangs that are bringing violence and death across our borders and protected national security.
  11. “We did our part to restore immigration enforcement.
  12. “We targeted the opioid epidemic by prosecuting doctors, pharmacists, and anyone else who contributed to this crisis with new law enforcement tools and determination.
  13. “And we have seen results.
  14. “After two years of rising violent crime and homicides prior to this administration, those trends have reversed – thanks to the hard work of our prosecutors and law enforcement around the country.
  15. “I am particularly grateful to the fabulous men and women in law enforcement all over this country with whom I have served.
  16. “I have had no greater honor than to serve alongside them.
  17. “As I have said many times, they have my thanks and I will always have their backs.
  18. “Most importantly, in my time as Attorney General we have restored and upheld the rule of law – a glorious tradition that each of us has a responsibility to safeguard.
  19. “We have operated with integrity and have lawfully and aggressively advanced the policy agenda of this administration.
  20. “I have been honored to serve as Attorney General and have worked to implement the law enforcement agenda based on the rule of law that formed a central part of your campaign for the Presidency.
  21. “Thank you for the opportunity, Mr. President.
  22. “Sincerely, Jeffery B. Sessions
  23. (CNN politics, Read Jeff Sessions’ resignation letter, Wednesday, November 7, 2018, https://www.cnn.com/2018/11/07/politics/sessions-resignation-letter/index.html)
  24. Again, I for one praise Mr. Sessions for the good that he has done.
  25. What is missing from his letter is any indication whatsoever that he helped resolve the serious issues raised by the above questions.

 

  1. SHIFTING GEARS, WHAT OF MATTHEW J. WHITAKER’S APPOINTMENT AS ACTING ATTORNEY GENERAL? WHAT OF THE CALL BY DEMOCRATS AND OTHERS FOR MR. WHITAKER TO RECUSE HIMSELF FROM GIVING OVERSIGHT TO THE MUELLER INVESTIGATION?
  2. POTUS Trump appointed Matthew J. Whitaker as Acting Attorney General and this despite the fact Rod Rosenstein was Assistant Attorney General.
  3. POTUS Trump is authorized to make the appointment of Mr. Whitaker to serve as Acting Attorney General.
  4. You can read the Department of Justice Memorandum justifying Mr. Whitaker’s appointment. https://assets.documentcloud.org/documents/5113276/Read-the-Justice-Department-Memo-defending.pdf.
  5. This document is also included herein as APPENDIX A.
  6. One might have thought Mr. Rosenstein had a shot at being chosen to succeed Mr. Sessions but Mr. Rosenstein didn’t get the nod from POTUS Trump.
  7. Why not?
  8. Who knows for certain?
  9. Perhaps because Mr. Rosenstein was complicit in the appointment of Mr. Mueller.
  10. Perhaps because Mr. Rosenstein has not helped resolve the issues set forth in the above list of questions.
  11. Perhaps because Mr. Rosenstein was part of the problem not part of the solution.
  12. The fact is “Mr. Rosenstein was not chosen by POTUS Trump.”
  13. Matthew George Whitaker chosen.
  14. Whitaker was born October 29, 2969 in Des Moines, Iowa.
  15. He is an American lawyer and politician.
  16. He is now Acting United States Attorney General, Appointed November 7, 2018 pursuant to the Federal Vacancies Reform Act of 1998.
  17. He was appointed after resignation of then AG Jeff Sessions at POTUS Trump’s instance.
  18. Whitaker was appointed by POTUS Donald Trump.
  19. At time of appointment, Mr. Whitaker was serving as Chief of Staff to AG Jeff Sessions.
  20. Earlier he served as a U.S. Attorney during the Bush Administration.
  21. He is a graduate of Ankeny High School and University of Iowa.
  22. He holds these degrees –
  23. a bachelor’s in communications,
  24. an MBA, and
  25. A Juris Doctorate Law Degree.
  26. He played tight end for U of Iowa Hawkeyes football team.
  27. He played in Iowa’s Rose Bowl game 1991.
  28. Whitaker worked for regional law firms; served as corporate counsel for a national grocery company; was a small businessman; served as U.S. Attorney for the Southern District of Iowa; served as managing partner of a law firm; served as chairman of several political campaigns; ran for U.S. Senate in Iowa; served as executive director of the Foundation for Accountability and Civic Trust; served as a CNN contributor; then he joined the Department of Justice.
  29. He is an evangelical Christian.
  30. He obviously got along well enough with POTUS Trump.
  31. He does not support the Mueller investigation.
  32. He is in favor of prosecuting Hillary Clinton.
  33. He has no legal or ethical obligation or reason to step aside from giving oversight to the Mueller investigation or from prosecuting Mrs. Clinton.
  34. As is to be expected, he has garnered his share of criticism.
  35. The Wikipedia article about him is obviously a “left” biased hit piece designed to highlight all of Mr. Whitaker’s faults and establish in a public record the negative reasons why Mr. Whitaker should be rejected as Acting AG and AG and why he should recuse himself from giving oversight to the Mueller investigation.
  36. https://en.wikipedia.org/wiki/Matthew_Whitaker_(attorney)

 

  1. A FEW CONCLUSIONS? Does investigative journalism and forensic evidence support the following? If so, the DOJ and Mr. Mueller need to indict and prosecute.
  2. 1) Was the fake “Russians influenced the 2016 election and POTUS Trump colluded with the Russians” narrative manufactured by the Democrats including Hillary Clinton and John Podesta and others as an excuse for their overwhelming, unexpected 2016 loss to POTUS Trump?
  3. 2) Following the classic Saul Alinsky Rule for Radicals which is to “attack your opponent for anything wrong you are doing,” have the Democrats including Hillary Clinton and John Podesta and others including complicit media outlets and personalities manufactured and promoted the fake “Russians influenced the 2016 election and POTUS Trump colluded with the Russians” narrative and foisted which is to say wrongfully imposed the same off on the nation and world? Was this a great lie created to cover up the actual felonious collusion by the Democrats and Hillary Clinton and the Clinton campaign and others including actors like John McCain with the Russians?
  4. 3) Was the Democrat false narrative and great lie created to cover up the Clinton campaign and Democratic Party collusion with and funding to and funding from the Russians? Did Hillary Clinton and the Clinton campaign people pay Russians give or take a million dollars for a false dossier denigrating POTUS Trump? Did the Clintons receive serious hundreds of thousands of dollars and even millions in money from the Russians and other country representatives in return for influence including giving away 20-50 percent of U.S. uranium to the Russians? And if the latter is true, does such rise to the level of treason?
  5. 4) Have the Russians been attempting to influence our elections for years and is this an old accusation pre-dating POTUS Trump’s election, a Russian activity well known by then POTUS Obama and his administration? Did the Russians have any influence on the 2016 election? Is there any indication that votes were influenced by the Russians?
  6. 5) Did POTUS Trump collude with the Russians to steal the 2016 election from Hillary Clinton or was it the other way around? Did Hillary Clinton and her campaign operatives collude with the Russians to steal the 2016 election from POTUS Trump?
  7. 6) Did POTUS Trump work with the Russians and change the outcome of the 2016 election in his favor? Or is it just the opposite. Did Hillary Clinton and her operatives and the Democratic Party work with the Russians and promote the false “Russians influenced our elections and Donald Trump colluded with the Russians” narrative to the harm of POTUS Trump and the Republic Party and thereby cause the immense turmoil we have experienced in the country?
  8. 7) Did Jeff Sessions meet with the Russians in order to influence the election?
  9. 8) Was and on a continuing basis is still the tragic fallout from the Democrat false narrative the Jeff Sessions misinformed recusal? In other words, did the Democrats falsely engineer the Jeff Sessions recusal?
  10. 9) Did the Russians initiate the Assange Wikileaks hacking and leaking of emails? Or did Mark Rich or another inside the Democratic National Committee office offload hacked emails to Wikileaks?
  11. 10) As a consequence of Mr. Sessions’ recusal, are we the American people now saddled with a two tiered justice system? Have the rich and famous who allegedly did collude with the Russians and pay the Russians for a fake dossier and receive thousands if not millions of dollars from the Russians in return for influence and 20-50 percent of U.S. uranium, to-date, escaped indictment and prosecution for their felonies?
  12. 11) If it is true that the “Russians influenced the 2016 election and POTUS Trump colluded with the Russians” narrative was feloniously manufactured by the Democrats and disaffected Republicans and is overwhelmingly false, is it not then time for Acting AG Whitaker, and any new AG if Mr. Whitaker is not so appointed at a later date, and for Mr. Mueller, to unseal any additional indictments they may have from grand juries, assuming they have such indictments under seal, and answer these many questions and indict those including the rich and famous who have used their offices to enrich themselves, those who have lied to the nation, those who have feloniously enriched themselves and broken election laws to the tune of millions of dollars?
  13. 12) Is it true or false that Mr. Mueller has given the nation value for his work? Is it true or false that he has issued a few minor indictments to-date which in the grand political scheme are of little or no value and which suggests that his investigation may turn out to be a colossal boondoggle wherein he and high priced attorneys have banked serious millions of dollars while their work product to-date is not worth the fortune paid them?
  14. 13) In other words, will Mr. Mueller’s far reaching investigation uncover answers to the heretofore stated questions including those found in paragraphs 92 thru 103?
  15. 14) If Mr. Mueller’s work is in fact laudatory, which hopefully it is, is it possible we will soon be pleasantly surprised by an AG Whitaker and Mr. Mueller joint press conference wherein they disclose a number of indictments and arrests?
  16. 15) Is it possible that the grand jury has been called and has deliberated and all we are waiting for is the right time for Mr. Mueller and Mr. Whitaker to unseal and issue the indictments, make the arrests, and surprise us by letting the nation know which party and which individuals actually colluded with the Russians and committed felonies?

 

  1. A CONCLUDING THOUGHT?
  2. There are a great number of us Americans, who work hard at being law abiding and who labor to conduct their lives based on a fairness ethic, who are discouraged because of the lack of answers and the drawn out nature of matters.
  3. We believe Mr. Whitaker would be remiss to recuse himself.
  4. We believe POTUS Trump would be remiss to permit such to take place.
  5. As for recusal, by appointing Mr. Whitaker, we hope POTUS Trump is saying to the Democrats, “burn me once by engineering the Jeff Sessions AG recusal, fie on me.”
  6. Burn me twice by once again trying to engineer an AG recusal, fie on thee.
  7. Hopefully, recusal of Mr. Whitaker isn’t going to happen. Hopefully, there will be no recusal this time around.
  8. Hopefully, those who have enriched themselves at the expense of the people, those who have feloniously broken election and other laws, will now be held accountable.
  9. We believe POTUS Trump when he says he wouldn’t have picked Jeff Sessions as Attorney General had he known that Mr. Sessions was going to recuse himself.
  10. Today the corollary is also true. We believe POTUS Trump would not have picked Matthew Whitaker as Acting Attorney General if there were a hint that he would recuse himself.
  11. Should there be any kind of a change of heart on the part of Mr. Whitaker, which is unlikely, keep in mind the Federal Regulation section (b).
  12. Read paragraph (b) again. Title 28, Chapter I, Section 45.2, Code of Federal Regulation, title “Disqualification arising from personal or political relationship” 45.2(b) which reads in full:

 

  1. “(b) An employee assigned to or otherwise participating in a criminal investigation or prosecution who believes that his participation may be prohibited by paragraph [in this situation Mr. Whitaker] (a) of this section shall report the matter and all attendant facts and circumstances to his supervisor at the level of section chief or the equivalent or higher [in this situation POTUS Trump is Mr. Whitaker’s supervisor]. If the supervisor [POTUS Trump] determines that a personal or political relationship exists between the employee and a person or organization described in paragraph (a) of this section, he shall relieve the employee from participation unless he determines further, in writing, after full consideration of all the facts and circumstances, that:
  2. (1) The relationship will not have the effect of rendering the employee’s service less than fully impartial and professional; and
  3. (2) The employee’s participation would not create an appearance of a conflict of interest likely to affect the public perception of the integrity of the investigation or prosecution.
  4. ( c) For the purposes of this section:
  5. (1) Political relationship means a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof; and
  6. (2) Personal relationship means a close and substantial connection of the type normally viewed as likely to induce partiality. An employee is presumed to have a personal relationship with his father, mother, brother, sister, child and spouse. Whether relationships (including friendships) of an employee to other persons or organizations are “personal” must be judged on an individual basis with due regard given to the subjective opinion of the employee.
  7. (d) This section pertains to agency management and is not intended to create rights enforceable by private individuals or organizations.
  8. [Private individuals or organizations have no cause of action against Mr. Whitaker or POTUS Trump if Mr. Whitaker or POTUS Trump does not recuse Acting AG Whitaker.]

 

  1. WHEN MUCH IS SAID AND LESS APPEARS TO HAVE BEEN DONE TO PROVIDE SERIOUS ANSWERS, PERHAPS THE WASHINGTON POST STATES IT BEST:
  2. “Acting attorney general Matthew G. Whitaker has no intention of recusing himself from overseeing the special-counsel probe of Russian interference in the 2016 election, according to people close to him who added they do not believe he would approve any subpoena of President Trump as part of that investigation.” (National Security, Acting attorney general Whitaker has no intention of recusing himself from Russia probe, associates say, By Devlin Barrett, Matt Zapotsky and Josh Dawsey, Washington Post, November 8, 2018.)

 

 

 

  1. APPENDIX A
  2. Department of Justice
  3. Office of Legal Counsel
  4. Office of the Assistant Attorney General Washington, D. C. 20530
  5. November 14, 2018

 

  1. S. Department of Justice
  2. Office of Legal Counsel
  3. Office of the Assistant Attorney General
  4. Washington DC 20530
  5. November 14, 2018

 

  1. MEMORANDUM FOR EMMET T. FLOOD
  2. COUNSEL TO THE PRESIDENT

 

  1. Re: Designating an Acting Attorney General

 

  1. After Attorney General Jefferson B. Sessions 111 resigned on November 7, 2018, the President designated Matthew G. Whitaker, Chief of Staff and Senior Counselor to the Attorney General, to act temporarily as the Attorney General under the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345-3349d. This Office had previously advised that the President could designate a senior Department of Justice official, such as Mr. Whitaker, as Acting Attorney General, and this memorandum explains the basis for that conclusion.

 

  1. Whitaker’s designation as Acting Attorney General accords with the plain terms of the Vacancies Reform Act, because he had been serving in the Department of Justice at a sufficiently senior pay level for over a year. See id. 3345(a)(3). The Department’s organic statute provides that the Deputy Attorney General (or others) may be Acting Attorney General in the case of a vacancy. See 28 U.S.C. 508. But that statute does not displace the President’s authority to use the Vacancies Reform Act as an alternative. As we have previously recognized, the President may use the Vacancies Reform Act to depart from the succession order specified under section 508. See Authority of the President to Name an Acting Attorney General, 31 Op. O.L.C. 208 (2007) (“2007 Acting Attorney General”).

 

  1. We also advised that Mr. Whitaker’s designation would be consistent with the Appointments Clause of the US. Constitution, which requires the President to obtain “the Advice and Consent of the Senate” before appointing a principal officer of the United States. US. Const. art. 11, 2, cl. 2. Although an Attorney General is a principal officer requiring Senate confirmation, someone who temporarily performs his duties is not. As all three branches of government have long recognized, the President may designate an acting official to perform the duties of a vacant principal office, including a Cabinet office, even when the acting official has not been confirmed by the Senate.

 

  1. Congress did not first authorize the President to direct non-Senate-confirmed officials to act as principal officers in 1998; it did so in multiple statutes starting in 1792. In that year, Congress authorized the President to ensure the government’s uninterrupted work by designating persons to perform temporarily the work of vacant offices. The President’s authority applied to principal offices and did not require the President to select Senate-confirmed officers. In our brief survey of the history, we have identified over 160 times before 1860 in which non-Senate-confirmed persons performed, on a temporary basis, the duties of such high offices as Secretary of State, Secretary of the Treasury, Secretary of War, Secretary of the Navy, Secretary of the Interior, and Postmaster General. While designations to the office of Attorney General were less
  2. [page] 1

 

  1. frequent, we have identified at least one period in 1866 when a non-Senate-confirmed Assistant Attorney General served as Acting Attorney General. Mr. Whitaker’s designation is no more constitutionally problematic than countless similar presidential orders dating back over 200 years.

 

  1. Were the long agreement of Congress and the President insufficient, judicial precedent confirms the meaning of the Appointments Clause in these circumstances. When Presidents appointed acting Secretaries in the nineteenth century, those officers (or their estates) sometimes sought payment for their additional duties, and courts recognized the lawfulness of such appointments. The Supreme Court confirmed the legal understanding of the Appointments Clause that had prevailed for over a century in United States v. Eaton, 169 US. 331 (1898), holding that an inferior officer may perform the duties of a principal officer “for a limited time[] and under special and temporary conditions” without “transform[ing]” his office into one for which Senate confirmation is required. Id. at 343. The Supreme Court has never departed from Eaton’s holding and has repeatedly relied upon that decision in its recent Appointments Clause cases.

 

  1. In the Vacancies Reform Act, Congress renewed the President’s authority to designate non-Senate-confirmed senior officials to perform the functions and duties of principal offices. In 2003, we reviewed the President’s authority in connection with the Director of the Officer of Management and Budget who is a principal officer, and concluded that the President could designate a non-Senate-confirmed official to serve temporarily as Acting Director. See Designation of Acting Director of the Office of Management and Budget, 27 Op. O.L.C. 121 (2003) (“Acting Director of Presidents George W. Bush and Barack Obama placed non-Senate-confirmed officials in several lines of agency succession and actually designated unconfirmed officials as acting agency heads. President Trump, too, has previously exercised that authority in other departments; Mr. Whitaker is not the first unconfirmed official to act as the head of an agency in this administration.

 

  1. It is no doubt true that Presidents often choose acting principal officers from among Senate-confirmed officers. But the Constitution does not mandate that choice. Consistent with our prior opinion and with centuries of historical practice and precedents, we advised that the President’s designation of Mr. Whitaker as Acting Attorney General on a temporary basis did not transform his position into a principal office requiring Senate confirmation.

 

  1. The Vacancies Reform Act

 

  1. Whitaker’s designation as Acting Attorney General comports with the terms of the Vacancies Reform Act. That Act provides three mechanisms by which an acting officer may take on the functions and duties of an office, when an executive officer who is required to be appointed by the President with the advice and consent of the Senate “dies, resigns, or is otherwise unable to perform the functions and duties of the office.” 5 U.S.C. 3345(a). First, absent any other designation, the first assistant” to the vacant office shall perform its functions and duties. Id. 3345 Second, the President may depart from that default course by directing another presidential appointee, who is already Senate confirmed, to perform the functions and duties of the vacant office. Id. 3345(a)(2). Or, third, the President may designate an officer or employee within the same agency to perform the functions and duties of
  2. [page] 2

 

  1. the vacant office, provided that he or she has been in the agency for at least 90 days in the 365 days preceding the vacancy, in a position for which the rate of pay is equal to or greater than the minimum rate for GS-15 of the General Schedule. Id 3345(a)(3). Except in the case of a vacancy caused by sickness, the statute imposes time limits on the period during which someone may act. Id. 3346. And the acting officer may not be nominated by the President to fill the vacant office and continue acting in it, unless he was already the first assistant to the office for at least 90 days in the 365 days preceding the vacancy or is a Senate-confirmed first assistant. Id. 3345(b)(1)-(2); see also Nat’l Labor Relations Bd. v. SW General, Inc, 137 S. Ct. 929, 941 (201 7).

 

 

  1. The Vacancies Reform Act unquestionably authorizes the President to direct Mr. Whitaker to act as Attorney General after the resignation of Attorney General Sessions on November 7, 2018.1 Mr. Whitaker did not fall within the first two categories of persons made eligible by section 3345(a). He was not the first assistant to the Attorney General, because 28 U.S.C. 5 08(a) identifies the Deputy Attorney General as the first assistant to the Attorney General” “for the purpose of section 3345.” Nor did Mr. Whitaker already hold a Senate-confirmed office. Although Mr. Whitaker was previously appointed, with the advice and consent of the Senate, as the United States Attorney for the Southern District of Iowa, he resigned from that position on November 25, 2009. At the time of the resignation of Attorney General Sessions, Mr. Whitaker was serving in a position to which he was appointed by the Attorney General.

 

  1. In that position, Mr. Whitaker fell squarely within the third category of officials, identified in section 3345(a)(3). As Chief of Staff and Senior Counselor, he had served in the Department of Justice for more than 90 days in the year before the resignation, at a GS-15 level or higher. And Mr. Whitaker has not been nominated to be Attorney General, an action that would render him ineligible to serve as Acting Attorney General under section 3345(b)(l). Accordingly, under the plain terms of the Vacancies Reform Act, the President could designate

 

  1. __________

 

  1. 1 Attorney General Sessions submitted his resignation “[a]t [the President’s] request,” Letter for President Donald J. Trump, from Jefferson B. Sessions Attorney General, but that does not alter the fact that the Attorney General “resign[ed]” within the meaning of section 3345(a). Even if Attorney General Sessions had declined to resign and was removed by the President, he still would have been rendered “otherwise unable to perform the functions and duties of the office” for purposes of section 3345(a). As this Office recently explained, “an officer is “unable to perform the functions and duties of the office” during both short periods of unavailability, such as a period of sickness, and potentially longer ones, such as one resulting from the officer’s removal (which would arguably not be covered by the reference to “resign[ation]. Designating an Acting Director of the Bureau of Consumer Financial Protection, 41 Op. O.L.C. at *4 (2017); see also Guidance on Application of Federal Vacancies Reform Act of1998, 23 Op. O.L.C. 60, 61 (1999) (“In floor debate, Senators said, by way of example, that an officer would be “otherwise unable to perform the functions and duties of the office” if he or she were fired, imprisoned, or sick”). Indeed, any other interpretation would leave a troubling gap in the ability to name acting officers. For most Senate-confirmed offices, the Vacancies Reform Act is “the exclusive means” for naming an acting officer. 5 U.S.C. 3347(a). If the statute did not apply in cases of removal, then it would mean that no acting officer – not even the first assistant – “could take the place of a removed officer, even where the President had been urgently required to remove the officer, for instance, by concerns over national security, corruption, or other workplace misconduct.
  2. [page] 3

 

  1. Whitaker to serve temporarily as Acting Attorney General subject to the time limitations of section 3346.

 

 

  1. The Vacancies Reform Act remains available to the President even though 28 U.S.C. 508 separately authorizes the Deputy Attorney General and certain other officials to act as Attorney General in the case of a vacancy.2 We previously considered whether this statute limits the President’s authority under the Vacancies Reform Act to designate someone else to be Acting Attorney General. 2007 Acting Attorney General, 31 Op. O.L.C. 208. We have also addressed similar questions with respect to other agencies’ succession statutes. See Designating an Acting Director of the Bureau of Consumer Financial Protection, 41 Op. O.L.C. (2017) (“Acting Director of Acting Director of 0MB, 27 Op. O.L.C. at 121 n.1. In those instances, we concluded that the Vacancies Reform Act is not the “exclusive means” for the temporary designation of an acting official, but that it remains available as an option to the President. We reach the same conclusion here: Section 508 does not limit the President’s authority to invoke the Vacancies Reform Act to designate an Acting Attorney General.

 

  1. We previously concluded that section 508 does not prevent the President from relying upon the Vacancies Reform Act to determine who will be the Acting Attorney General. Although the Vacancies Reform Act, which “ordinarily is the exclusive means for naming an acting officer,” 2007 Acting Attorney General, 31 Op. O.L.C. at 209 (citing 5 U.S.C. 3347), makes an exception for, and leaves in effect, statutes such as section 508, “[t]he Vacancies Reform Act nowhere says that, if another statute remains in effect, the Vacancies Reform Act may not be used.” Id. In fact, the structure of the Vacancies Reform Act makes clear that office-specific provisions are treated as exceptions from its generally exclusive applicability, not as provisions that supersede the Vacancies Reform Act altogether.3 Furthermore, as we noted, “the Senate Committee Report accompanying the Act expressly disavows” the View that, where another statute is available, the Vacancies Reform Act may not be used. Id. (citing S. Rep. No. 105-250, at 17 (1998)). That report stated that, “with respect to the specific positions in which temporary officers may serve under the specific statutes this bill retains, the Vacancies [Reform] Act would continue to provide an alternative procedure for temporarily occupying the office.” Id. We therefore concluded that the President could direct the Assistant Attorney General for the Civil Division to act as Attorney General under the Vacancies Reform Act, even though the incumbent Solicitor General would otherwise have served under the chain of succession specified in section 508 (as supplemented by an Attorney General order).
  2. __________

 

  1. 2 Under 28 U.S.C. 508(a), in the case of a vacancy in the office of Attorney General, “the Deputy Attorney General may exercise all the duties of that office, and for the purpose of [the Vacancies Reform Act] the Deputy Attorney General is the first assistant to the Attorney General.” If the offices of Attorney General and Deputy Attorney General are both vacant, “the Associate Attorney General shall act as Attorney General,” and “[t]he Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General.” Id. 508(b).

 

  1. 3 One section (entitled “Exclusion of certain offices”) is used to exclude certain offices altogether. 5 U.S.C. 3349c. Office-specific statutes, however, are mentioned in a different section (entitled “Exclusivity”) that generally makes the Vacancies Reform Act “the exclusive means” for naming an acting officer but also specifies exceptions to that exclusivity. Id. 3347(a)(l).
  2. [page] 4

 

  1. At the time of our 2007 Acting Attorney General opinion, the first two offices specified in section 508(a) and (b)”Deputy Attorney General and Associate Attorney General” were both vacant. See 31 Op. O.L.C. at 208. That is not currently the case; there is an incumbent Deputy Attorney General. But the availability of the Deputy Attorney General does not affect the President’s authority to invoke section 3345(a)(3). Nothing in section 508 suggests that the Vacancies Reform Act does not apply when the Deputy Attorney General can serve. To the contrary, the statute expressly states that the Deputy Attorney General is the first assistant to the Attorney General” “for the purpose of section 3345 of title 5” the provision of the Vacancies Reform Act providing for the designation of an acting officer). 28 U.S.C. 508(a). It further provides that the Deputy Attorney General “may” serve as Acting Attorney General, not that he “must,” underscore that the Vacancies Reform Act remains an alternative means of appointment. 4 These statutory cross-references confirm that section 508 works in conjunction with, and does not displace, the Vacancies Reform Act.

 

  1. Although the Deputy Attorney General is the default choice for Acting Attorney General under section 3345(a)(1), the President retains the authority to invoke the other categories of eligible officials, “notwithstanding [the first-assistant provision in] paragraph 5 U.S.C. 3345(a)(2), (3). Moreover, there is reason to believe that Congress, in enacting the Vacancies Reform Act, deliberately chose to make the second and third categories of officials in section 3345(a) applicable to the office of Attorney General. Under the previous Vacancies Act, the first assistant to an office was also the default choice for filling a vacant Senate-confirmed position, and the President was generally able to depart from that by selecting another Senate-confirmed officer. See 5 U.S.C. 3347 (1994). That additional presidential authority, however, was expressly made inapplicable “to a vacancy in the office of Attorney General.” See also Rev. Stat. 179 (2d ed. 1878). Yet, when Congress enacted the Vacancies Reform Act in 1998, it did away with the exclusion for the office of Attorney General. See 5 U.S.C. 3349c (excluding certain other officers).5

 

  1. Our conclusion that the Vacancies Reform Act remains available, notwithstanding section 508, is consistent with our prior opinions. In Acting Director of OMB, we recognized that an OMB-specific statute, 31 U.S.C. 502(f), did not displace the President’s authority under the Vacancies Reform Act. See 27 Op. O.L.C. at 121 n.1 (“The Vacancies Reform Act does not provide, however, that where there is another statute providing for a presidential designation, the Vacancies Reform Act becomes unavailable?). More recently, we confirmed that the President could designate an Acting Director of the Bureau of Consumer Financial Protection (“CFLPB”).

 

  1. __________

 

  1. 4 We do not mean to suggest that a different result would follow if section 508 said “shall” instead of “may,” since as discussed at length in Acting Director such mandatory phrasing in a separate statute does not itself oust the Vacancies Reform Act. See 41 Op. O.L.C. *7-9 n.3, The point is that, in contrast with the potential ambiguity arising from the appearance of “shall” in the CFPB-specific statute, section 508 expressly acknowledges that the Deputy Attorney General is the first assistant but will not necessarily serve in the case of a vacancy in the office of Attorney General. 5 When it reported the Vacancies Reform Act, the Senate Committee on Governmental Affairs contemplated that the Attorney General would continue to be excluded by language in a proposed section 3345(c) that would continue to make section 508 “applicable” to the office. See S. Rep. No. 105-250, at 13, 25; 144 Cong. Rec. 12,433 (June 16, 1998). But that provision “was not enacted as part of the final bill, and no provision of the Vacancies Reform Act bars the President from designating an Acting Attorney General under that statute.” 2007 Acting Attorney General, 31 Op. O.L.C. at 209 n.1.
  2. [page] 5

 

  1. notwithstanding 12 U.S.C. 5491(b)(5), which provides that the Deputy Director of the CFPB “shall” serve as Acting Director when the Director is unavailable. See Acting Director of CFPB, 41 Op. O.L.C. We reasoned that the CFPB-specific statute should “interact with the Vacancies Reform Act in the same way as other, similar statutes providing an office-specific mechanism for an individual to act in a vacant position.” Id at *7-9 n.3. We noted that the Vacancies Reform Act itself provides that a first assistant to a vacant office “shall perform the functions and duties” of that office unless the President designates someone else to do so, 5 U.S.C. 3345(a), and that mandatory language in either the CF PB-specific statute or the Vacancies Reform Act does not foreclose the availability of the other statute. Acting Director of CFPB, 41 Op. O.L.C. at *7-8.

 

  1. Courts have similarly concluded that the Vacancies Reform Act remains available as an alternative to office-specific statutes. See Hooks v. Kitsap Tenant Support Servs., Inc. 816 F.3d 550, 55 5-56 (9th Cir. 2016) (General Counsel of the National Labor Relations Board, which has its own office-specific statute prescribing a method of filling a vacancy); English v. Trump, 279 F. Supp. 3d 307, 323?24 (D.D.C. 2018) (holding that the mandatory language in the CFPB-specific statute is implicitly qualified by the Vacancies Reform Act’s language providing that the President also “may direct” qualifying individuals to serve in an acting capacity), appeal dismissed upon appellant’s motion, No. 18?5007, 2018 WL 3526296 (DC. Cir. July 13, 2018).

 

  1. For these reasons, we believe that the President could invoke the Vacancies Reform Act in order to designate Mr. Whitaker as Acting Attorney General ahead of the alternative line of succession provided under section 508.

 

  1. The Appointments Clause
  2. While the Vacancies Reform Act expressly authorizes the President to select an
  3. unconfirmed official as Acting Attorney General, Congress may not authorize an appointment mechanism that would conflict with the Constitution. See Freytag v. Commissioner, 501 U.S. 868, 883 (1991). The Appointments Clause requires the President to “appoint” principal officers, such as the Attorney General, “by and with the Advice and Consent of the Senate.” U.S. Const., art. 11, 2, cl. 2. But for “inferior Officers,” Congress may vest the appointment power “in the President alone, in the Courts of Law, or in the Heads of Departments.” Id.

 

  1. The President’s designation of Mr. Whitaker as Acting Attorney General is consistent with the Appointments Clause so long as Acting Attorney General is not a principal office that requires Senate confirmation. If so, it does not matter whether an acting official temporarily filling a vacant principal office is an inferior officer or not an “officer” at all within the meaning of the Constitution, because Mr. Whitaker was appointed in a manner that satisfies the requirements for an inferior officer: He was appointed by Attorney General Sessions, who was the Head of the Department, and the President designated him to perform additional duties. See Acting Director of OMB, 27 Op. O.L.C. at 124-25. If the designation constituted an appointment to a principal office, however, then section 3345(a)(3) would be unconstitutional as applied, because Mr. Whitaker does not currently occupy a position requiring Senate confirmation.
  2. [page] 6

 

  1. For the reasons stated below, based on long-standing historical practice and precedents, we do not believe that the Appointments Clause may be construed to require the Senate’s advice and consent before Mr. Whitaker may be Acting Attorney General.

 

 

  1. The Attorney General is plainly a principal officer, who must be appointed with the advice and consent of the Senate. See Edmond v. United States, 520 U.S. 651, 662-63 (1997); Morrison v. Olson, 487 U.S. 654, 670-72 (1988). The Attorney General has broad and continuing authority over the federal government’s law-enforcement, litigation, and other legal functions. See, e. g, 28 U.S.C. 516, 533. The Supreme Court has not “set forth an exclusive criterion for distinguishing between” inferior officers and principal officers. Edmond, 520 U.S. at 661. “Generally speaking, the term “inferior officer” connotes a relationship with some higher ranking officer or officers below the President.” Id at 662. There is no officer below the President who supervises the Attorney General.

 

  1. Although the Attorney General is a principal officer, it does not follow that an Acting Attorney General should be understood to be one. An office under the Appointments Clause requires both a “continuing and permanent” position and the exercise of “significant authority pursuant to the laws of the United States.” Lucia v. SEC, 138 S. Ct. 2044, 2051 (2018) (internal quotation marks omitted); see also Officers of the United States within the Meaning of the Appointments Clause, 31 Op. O.L.C. 73, 74 (2007). While a person acting as the Attorney General surely exercises sufficient authority to be an “Officer of the United States,” it is less clear whether Acting Attorney General is a principal office.

 

  1. Because that question involves the division of powers between the Executive and the Legislative Branches, “historical practice” is entitled to “significant weight.” Nat’l Labor Relations Bd v. Noel Canning, 134 S. Ct. 2550, 2559 (2014); see also, e. The Pocket Veto Case, 279 U.S. 655, 689 (1929). That practice strongly supports the constitutionality of authorizing someone who has not been Senate-confirmed to serve as an acting principal officer. Since 1792, Congress has repeatedly legislated on the assumption that temporary service as a principal officer does not require Senate confirmation. As for the Executive Branch’s practice, our non-exhaustive survey has identified over 160 occasions between 1809 and 1860 on which non-Senate-confirmed persons served temporarily as an acting or ad interim principal officer in the Cabinet.

 

  1. Furthermore, judicial precedents culminating in United States v. Eaton, 169 U.S. 331 (1898), endorsed that historical practice and confirm that the temporary nature of acting service weighs against principal-officer status. The Supreme Court in Eaton held that an inferior officer may perform the duties of a principal officer “for a limited time [ ] and under special and temporary conditions” without “transform[ing]” his office into one for which Senate confirmation is required. Id. at 343. That holding was not limited to the circumstances of that case, but instead reflected a broad consensus about the status of an acting principal officer that the Supreme Court has continued to rely on in later Appointments Clause decisions.
  2. [page] 7

 

 

  1. Since the Washington Administration, Congress has “authoriz[ed] the President to direct certain officials to temporarily carry out the duties of a vacant PAS office one requiring Presidential Appointment and Senate confirmation] in an acting capacity, without Senate confirmation.” SW General, 137 S. Ct. at 934; see also Noel Canning, 134 S. Ct. at 2609 (Scalia J., dissenting in relevant part) (observing that the President does not need to use recess appointments to “fill vacant offices because “Congress can authorize “acting” officers to perform the duties associated with a temporarily vacant office” – “and has done that, in one form or another, since 1792”). Those statutes, and evidence of practice under them during the early nineteenth century, did not limit the pool of officials eligible to serve as an acting principal officer to those who already have Senate-confirmed offices. This history provides compelling support for the conclusion that the position of an acting principal officer is not itself a principal office.

 

  1. In 1792, Congress First “authorized the appointment of ‘any person or persons’ to fill specific vacancies in the Departments of State, Treasury, and War.” SW General, 137 S. Ct. at 935 (quoting Act of May 8, 1792, ch. 37, 8, 1 Stat. 279, 281). Although the statute expressly mentioned vacancies in the position of Secretary in each of those Departments, the President was authorized to choose persons who held no federal office at all – much less one requiring Senate confirmation. Although the 1792 statute “allowed acting officers to serve until the permanent Officeholder could resume his duties or a successor was appointed,” Congress “imposed a six-month limit on acting service” in 1795. Id. at 935 (citing Act of Feb. 13, 1795, ch. 21, Stat. 415). In 1863, in response to a plea from President Lincoln, see Message to Congress (Jan. 2, 1863), Cong. Globe, 37th Cong, 3d Sess. 185 (1863), Congress extended the provision to permit the President to handle a vacancy in the office of “the head of any Executive Department of the Government, or of any officer of either of the said Departments whose appointment is not in the head thereof.” Act of Feb. 20, 1863, ch. 45, 1, 12 Stat. 656, 656. The 1863 statute allowed the duties of a vacant office to be performed for up to six months by “the head of any other Executive Department” or by any other officer in those departments “whose appointment is vested in the President.” Id.

 

  1. In 1868, Congress replaced all previous statutes on the subject of vacancies with the Vacancies Act of 1868. See Act of July 23, 1868, ch. 227, 15 Stat. 168. That act provided that, “in case of the death, resignation, absence, or sickness of the head of any executive department of the government, the first or sole assistant thereof shall . . . perform the duties of such head until a successor be appointed or the absence or sickness shall cease.” Id, 1, 15 Stat. at 168. In lieu of elevating the first or sole assistant,” the President could also choose to authorize any other officer appointed with the Senate’s advice and consent to perform the duties of the vacant office until a successor was appointed or the prior occupant of the position was able to return to his post. Id 3, 15 Stat. at 168. In cases of death or resignation, an acting official could serve for no longer than ten days. Id. The 1868 act thus eliminated the President’s prior discretion to fill a vacant office temporarily with someone who did not hold a Senate-confirmed position. Yet, it preserved the possibility that a non-Senate-confirmed first assistant would serve as an acting head of an executive department.
  2. [page] 8

 

  1. Over the next 120 years, Congress repeatedly amended the Vacancies Act of 1868, but it never eliminated the possibility that a non-Senate-confirmed first assistant could serve as an acting head of an executive department. In 1891, it extended the time limit for acting service in cases of death or resignation from ten to thirty days. Act of Feb. 6, 1891, ch. 113, 26 Stat. 733. In 1966, it made minor changes during the course of re-codifying and enacting title 5 of the United States Code. See S. Rep. No. 89-1380, at 20, 70-71 (1966); 5 U.S.C. 3345-3349 (1970). Congress amended the act once more in 1988, extending the time limit on acting service from 30 to 120 days and making the statute applicable to offices that are not in “Departments” and thus are less likely to have Senate-confirmed first assistants. Pub. L. No. 100-398, 102 Stat. 985, 988 (1988).

 

  1. Accordingly, for more than two centuries before the Vacancies Reform Act, Congress demonstrated its belief that the Appointments Clause did not require Senate confirmation for temporary service in a principal office, by repeatedly enacting statutes that affirmatively authorized acting service – even in principal offices at the heads of executive departments – by persons who did not already hold an appointment made with the Senate’s advice and consent.

 

 

  1. Not only did Congress authorize the Presidents to select officials to serve temporarily as acting principal officers, but Presidents repeatedly exercised that power to fill temporarily the vacancies in their administrations that arose from resignations, terminations, illnesses, or absences from the seat of government. In providing this advice, we have not canvassed the entire historical record. But we have done enough to confirm that Presidents often exercised their powers under the 1792 and 1795 statutes to choose persons who did not hold any Senate-confirmed position to act temporarily as principal officers in various departments. In the Washington, Adams, and Jefferson Administrations, other Cabinet officers (or Chief Justice John Marshall) were used as temporary or “ad interim” officials when offices were vacant between the departure of one official and the appointment of his successor. See, e. Biographical Directory of the American Congress, 1 774497], at 13??14 (1971); see id at 12 (explaining that the list of Cabinet officers excludes “[s]ubordinates acting temporarily as heads of departments” and therefore lists only those who served ad interim after an incumbent’s departure).

 

  1. President Jefferson made the first designation we have identified of a non-Senate-confirmed officer to serve temporarily in his Cabinet. On February 17, 1809, approximately two weeks before the end of the Jefferson Administration, John Smith, the chief clerk of the Department of War, was designated to serve as Acting Secretary of War. See id. at 14; Letter from Thomas Jefferson to the War Department (Feb. 17, 1809), Founders Online, National Archives, (“Whereas, by the resignation of Henry Dearborne, late Secretary at War, that office is become vacant. I therefore do hereby authorize John Smith, chief clerk of the office of the Department of War, to perform the duties of the said office, until a successor be appointed”). As chief clerk, Smith was not a principal officer. He was instead “an inferior officer . . . appointed by the [Department’s] principal officer.” Act of Aug. 5, 1789, ch. 6, 2, 1 Stat. 49, 50. The next Secretary of War did not enter upon duty until April 8, 1809, five weeks after the beginning of the Madison Administration. See Biographical Directory at 14.
  2. [page] 9

 

  1. Between 1809 and 1860, President Jefferson’s successors designated a non-Senate-confirmed officer to serve as an acting principal officer in a Cabinet position on at least 160 other occasions. We have identified 109 additional instances during that period where chief clerks, who were not Senate confirmed, temporarily served as ad interim Secretary of State (on 51 occasions), Secretary of the Treasury (on 36 occasions), or Secretary of War (on 22 occasions). See id. at 15-19; 1 Trial of Andrew Johnson, President of the United States, Before the Senate of the United States, on Impeachment by the House of Representatives for High Crimes and Misdemeanors, 575?81, 585-88, 590-91 (Washington, GPO 1868); In re Asbury Dickins, 34th Cong, Sess., Rep. CC. 9, at 4?5 (Ct. C1. 1856) (listing 18 times between 1829 and 1836 that chief clerk Asbury Dickins was “appointed to perform the duties of Secretary of the Treasury” or Secretary of State “during the absence from the seat of government or sickness” of those Secretaries, for a total of 359 days).6 Between 1853 and 1860 there were also at least 21 occasions on which non-Senate-confirmed Assistant Secretaries were authorized to act as Secretary of the Treasury.7

 

  1. We have also identified instances involving designations of persons who apparently had no prior position in the federal government, including Alexander Hamilton’s Son, James A. Hamilton, whom President Jackson directed on his first day in office to “take charge of the Department of State until Governor [Martin] Van Buren should arrive in the city” three weeks later. 1 Trial of Andrew Johnson at 575; see Biographical Directory at 16. President Jackson also twice named William B. Lewis, who held no other government position, as acting Secretary of War. See 1 Trial of Andrew Johnson at 575. Moving beyond the offices expressly covered by the 1792 and 1795 statutes, there were at least 23 additional instances before 1861 in which Presidents authorized a non-Senate-confirmed chief clerk to perform temporarily the duties of the Secretary of the Navy (on 21 occasions), or the Secretary of the Interior (on 2 occasions).8

 

  1. At the time, it was well understood that when an Acting or ad interim Secretary already held an office such as chief clerk, he was not simply performing additional duties, but he was deemed the Acting Secretary. We know this, because the chief clerks sometimes sought

 

  1. __________

 

  1. 6 See also Act of July 27, 1789, ch. 4, 2, 1 Stat. 28, 29 (providing that the chief clerk in what became the Department of State was “an inferior officer, to be appointed by the [Department’s] principal officer”); Act of Sept. 2, 1789, ch. 12, 1, 1 Stat. 65, 65 (providing for an “Assistant to the Secretary of the Treasury,” later known as the chief clerk, who “shall be appointed by the said Secretary”). The sources cited in the text above indicate that (1) the following chief clerks served as ad interim Secretary of State: Aaron Ogden Dayton, Aaron Vail (twice), Asbury Dickins (ten times), Daniel Carroll Brent (five times), Daniel Fletcher Webster, Jacob L. Martin (three times), John Appleton, John Graham, Nicholas Philip Trist (four times), Richard K. Cralle, William S. Derrick (fifteen times), William Hunter (seven times); (2) the following chief clerks served as ad interim Secretary of the Treasury: Asbury Dickins (eight times), John McGinnis, and McClintock Young (twenty-seven times); and (3) the following chief clerks (or acting chief clerks) served as ad interim Secretary of War: Albert Miller Lee, Archibald Campbell (five times), Christopher Vandeventer, George Graham, John D. McPherson, John Robb (six times), Philip G. Randolph (five times), Samuel J. Anderson, and William K. Drinkard.

 

  1. 7 See 1 Trial of Andrew Johnson at 580-81, 590-91 (entries for William L. Hodge and Peter Washington); Act of Mar. 3, 1849, ch. 108, 13, 9 Stat. 395, 396-97 (providing for appointment by the Secretary of an “Assistant Secretary of the Treasury”).

 

  1. 8 See Biographical Directory at 14-17 (chief clerks of the Navy in 1809, 1814-15, 1829, 1831, and 1841); id. at 18 (chief clerk of the Department of the Interior, Daniel C. Goddard, in 1850 (twice)); In re Cornelius Boyle, 34th Cong, 3d Sess., Rep. CC. 44, at 3, 12-13 (Ct. C1. 1857) (identifying 13 times between 1831 and 1838 that chief clerk John Boyle was appointed as Acting Secretary of the Navy, for a total of 466 days).
  2. [page] 10

 

  1. payment for the performance of those additional duties. Attorney General Legare concluded that Chief Clerk McClintock Young had a claim for compensation as “Secretary of the Treasury ad interim.” Pay of Secretary of the Treasury ad Interim, 4 Op. Att’y Gen. 122, 122-23 (1842). And the Court of Claims later concluded that Congress should appropriate funds to compensate such officers for that service. See, e. g, In re Cornelius Boyle, 34th Cong, 3d Sess., Rep. CC. 44, at 9, 1857 WL 4155, at *4 (Ct. C1. 1857) (“The office of Secretary ad interim being a distinct and independent office in itself, when it is conferred on the chief clerk, it is so conferred not because it pertains to him ex officio, but because the President, in the exercise of his discretion, sees fit to appoint Dickins, 34 Cong. Rep. CC. 9, at 16, 1856 WL 4042, at *3.

 

  1. Congress not only acquiesced in such appointments, but also required a non-Senate-confirmed officer to serve as a principal officer in some instances. In 1810, Congress provided that in the case of a vacancy in the office of the Postmaster General, “all his duties shall be performed by his senior assistant.” Act of Apr. 30, 1810, ch. 37, 1, 2 Stat. 592, 593. The senior assistant was one of two assistants appointed by the Postmaster General. Id. When I Congress reorganized the Post Office in 1836, it again required that the powers and duties of the Postmaster General would, in the case of “death, resignation, or absence” “devolve, for the time being on the First Assistant Postmaster General,” who was still an appointee of the Postmaster General. Act of July 2, 1836, ch. 270, 40, 5 Stat. 80, 89. On four occasions before 1860, a First Assistant Postmaster General served as Postmaster General ad interim. See Biographical Directory at 17-19 (in 1841 (twice), 1849, and 1859).

 

  1. On the eve of the Civil War in January 1861, President Buchanan summarized the Chief Executive’s View of his authority to designate interim officers in a message submitted to Congress to explain who had been performing the duties of the Secretary of War:

 

  1. The practice of making . . . appointments [under the 1795 statute], whether in a vacation or during the session of Congress, has been constantly followed during every administration from the earliest period of the government, and its perfect lawfulness has never, to my knowledge, been questioned or denied. Without going back further than the year 1829, and without taking into the calculation any but the chief officers of the several departments, it will be found that provisional appointments to fill vacancies were made to the number of one hundred and seventy-nine . . . . Some of them were made while the Senate was in session, some which were made in vacation were continued in force long after the Senate assembled. Sometimes, the temporary officer was the commissioned head of another department, sometimes a subordinate in the same department.

 

  1. Message from the President of the United States, 36th Cong, 2d Sess., Exec. Doc. No. 2, at 1-2 (1861) (emphases added).

 

 

  1. When it comes to vacancy statutes, the office of Attorney General presents an unusual case, albeit not one suggesting any different constitutional treatment. The office was established in the Judiciary Act of 1789, see Act of Sept. 24, 1789, ch. 20, 35, 1 Stat. 73, 93, and the Attorney General was a member of the President’s Cabinet, see Office and Duties of Attorney
  2. [page] 11

 

  1. General, 6 Op. Att’y Gen. 326, 330 (1854). But the Attorney General did not supervise an “executive department,” and the Department of Justice was not established until 1870. See Act of June 22, 1870, ch. 150, 1, 16 Stat. 162, 162. Thus, the terms 0fthe 1792, 1795, and 1863 statutes, and of the Vacancies Act of 1868, did not expressly apply to vacancies in the office of the Attorney General.

 

  1. Even so, the President made “temporary appointment[s]” to the office of Attorney General on a number of occasions. In 1854, Attorney General Cushing noted that “proof exists in the files of the department that temporary appointment has been made by the President in that office.” Office and Duties of Attorney General, 6 Op. Att’y Gen. at 352. Because the 1792 and 1795 statutes did not provide the President with express authority for those temporary appointments, Cushing believed it “questionable” whether the President had the power, but he also suggested that “[p]erhaps the truer view of the question is to consider the two statutes as declaratory only, and to assume that the power to make such temporary appointment is a constitutional one.” Id Cushing nonetheless recommended the enactment of “a general provision . . . to remove all doubt on the subject” for the Attorney General and “other non-enumerated departments.” Id.

 

  1. Congress did not immediately remedy the problem that Cushing identified, but Presidents designated Acting Attorneys General, both before and after the Cushing opinion. In some instances, the President chose an officer who already held another Senate-confirmed office. See Acting Attorneys General, 8 Op. O.L.C. 39, 40-41 (1984) (identifying instances in 1848 and 1868 involving the Secretary of the Navy or the Secretary of the Interior).9 In other instances, however, non-Senate-confirmed individuals served. After the resignation of Attorney General James Speed, for instance, Assistant Attorney General J. Hubley Ashton was the ad interim Attorney General from July 17 to July 23, 1866. See id. at 41; Biographical Directory at 20. At the time, the Assistant Attorney General was appointed by the Attorney General alone. See Act of March 3, 1859, ch. 80, 11 Stat. 410, 420 Attorney-General is hereby[] authorized to appoint one assistant in the said office, learned in the law, at an annual salary of three thousand dollars[x]”).10

 

  1. On other occasions between 1859 and 1868, Ashton and other Assistant Attorneys General who had not been Senate confirmed also signed several formal legal opinions as “Acting Attorney General,” presumably when their incumbent Attorney General was absent or otherwise

 

  1. __________

 

  1. 9 This list is almost certainly under-inclusive because the published sources we have located identify only those who were Acting Attorney General during a period between the resignation of one Attorney General and the appointment of his successor. They do not identify individuals who may have performed the functions and duties of Attorney General when an incumbent Attorney General was temporarily unavailable on account of an absence or sickness that would now trigger either 28 U.S.C. 508(a) or 5 U.S.C. 3345(a).

 

  1. 10 In 1868, Congress created two new Assistant Attorneys General positions to be “appointed by the President, by and with the advice and consent of the Senate,” and specified that those positions were “in lieu of,” among others, “the assistant attorney-general now provided for by law,” which was “abolished” effective on July 1, 1868. Act of June 25, 1868, ch. 71, 5, 15 Stat. 75, 75. A few weeks later, Ashton was confirmed by the Senate as an Assistant Attorney General. See 18 Sen. Exec. J. 369 (July 25, 1868). He was therefore holding a Senate-confirmed office when he served another stint as Acting Attorney General for several days at the beginning of the Grant Administration in March 1869, see Biographical Directory at 21, and when he signed five opinions as “Acting Attorney General” in September and October 1868.
  2. [page] 12

 

  1. See Case of Colonel Gates, 11 Op. Att’y Gen. 70, 70 (1864) (noting that the question from the President “reached this office in [the Attorney General’s] absence”). 11 In 1873, when Congress reconciled the Vacancies Act of 1868 with the Department of Justice’s organic statute, it expressly excepted the office of Attorney General from the general provision granting the President power to choose who would temporarily fill a vacant Senate-confirmed office. See Rev. Stat. 179 1st ed. 1875). There is accordingly no Attorney General-specific practice with respect to the pre-1998 statutes.

 

 

  1. Well before the Supreme Court’s foundational decision in Eaton in 1898, courts approved of the proposition that acting officers are entitled to payment for services during their temporary appointments as principal officers. See, e. g. United States v. White, 28 F. Cas. 586, 587 (C.C.D. Md. 1851) (Taney, Circuit J.) often happens that, in unexpected contingencies and for temporary purposes, the appointment of a person already in office, to execute the duties of another office, is more convenient and useful to the public, than to bring in a new officer to execute the Dickins, 34 Cong. Rep. CC. 9, at 17, 1856 WL 4042, at *3 (finding a chief clerk was entitled to additional compensation “for his services as acting Secretary of the Treasury and as acting Secretary of State”). Most significantly, in Boyle, the Court of Claims concluded that the chief clerk of the Navy (who was not Senate confirmed) had properly served as Acting Secretary of the Navy on an intermittent basis over seven years for a total of 466 days. 34 Cong. Rep. CC. 44, at 8, 1857 WL 4155, at *1-2 (1857). The court expressly addressed the Appointments Clause question and distinguished, for constitutional purposes, between the office of Secretary of the Navy and the office of Acting Secretary of the Navy. Id. at 8, 1857 WL 4155 at *3 (“It seems to us . . . plain that the office of Secretary ad interim is a distinct and independent office in itself. It is not the office of Furthermore, the court emphasized, the defining feature of the office of Secretary ad interim was its “temporary” character, and it must therefore be considered an inferior office:

 

  1. Congress has exercised the power of vesting the appointment of a Secretary ad interim in the President alone, and we think, in perfect consistency with the Constitution of the United States. We do not think that there can be any doubt that he is an inferior officer, in the sense of the Constitution, whose appointment may be vested by Congress in the President alone.

 

 

  1. When the Supreme Court addressed this Appointments Clause issue in 1898, it reached a similar conclusion. In United States v. Eaton, the Court considered whether Congress could authorize the President alone to appoint a subordinate officer “charged with the duty of temporarily performing the functions” of a principal officer. 169 US. at 343. The statute

 

  1. __________

 

  1. 11 There were two additional opinions signed by Ashton as “Acting Attorney General” in 1864 and 1865 (11 Op. Att’y Gen. 482; 11 Op. Att’y Gen. 127); as well as four signed as “Acting Attorney General” by Assistant Attorney General John Binckley in 1867 (12 Op. Att’y Gen. 231; 12 Op. Att’y Gen. 229; 12 Op. Att’y Gen 222; 12 Op. Att’y Gen. 227); two signed as “Acting Attorney General” by Assistant Attorney General Titian J. Coffey in 1862 and 1863 (10 Op. Att’y Gen. 492; 10 Op. Att’y Gen. 377); and one signed as “Acting Attorney General” by Assistant Attorney General Alfred B. McCalmont in 1859 (9 Op. Att’y Gen. 389).
  2. [page] 13

 

  1. authorized the President “to provide for the appointment of vice-consuls . . . in such a manner and under such regulations as he shall deem proper.” Id. at 336 (quoting Rev. Stat. 1695 (2d ed. 1878)). The President’s regulation provided that case a vacancy occurs in the offices both of the consul and the vice-consul, which requires the appointment of a person to perform temporarily the duties of the consulate, the diplomatic representative has authority to make such appointment, with the consent of the foreign government . . . immediate notice being given to the Department of State.” Id. at 338 (quoting regulation). Pursuant to that authority, Sempronius Boyd, who was the diplomatic representative and consul-general to Siam, appointed Lewis Eaton (then a missionary who was not employed by the government) as a vice-consul-general and directed him to take charge of the consulate after Boyd’s departure. Id. at 331-32. With the “knowledge” and “approval” of the Department of State, Eaton remained in charge of the consulate, at times calling himself “acting consul-general of the United States at Bangkok,” from July 12, 1892, until a successor vice-consul-general arrived on May 18, 1893. Id. at 332-33. In a dispute between Boyd’s widow and Eaton over salary payments, the Court upheld Eaton’s appointment, and the underlying statutory scheme, against an Appointments Clause challenge. Id. at 334-35, 352.

 

  1. The Constitution expressly includes “Consuls” in the category of officers whose appointment requires the Senate’s advice and consent. US. Const. art. ll, 2, cl. 2. The Eaton Court, however, concluded that a “Vice-consul” is an inferior officer whose appointment Congress may “vest in the President” alone. 169 US. at 343. The Court held that Eaton’s exercise of the authority of a Senate-confirmed office did not transform him into an officer requiring Senate confirmation:

 

  1. Because the subordinate officer is charged with the performance of the duty of the superior for a limited time and under special and temporary conditions, he is not thereby transformed into the superior and permanent official. To so hold would render void any and every delegation of power to an inferior to perform under any circumstances or exigency the duties of a superior officer, and the discharge of administrative duties would be seriously hindered.

 

  1. The Court concluded that more than forty years of practice “sustain the theory that a vice-consul is a mere subordinate official,” which defeated the contention that Eaton’s appointment required Senate confirmation. Id at 344. In so doing, the Court cited Attorney General Cushing’s 1855 opinion about appointments of consular officials, which had articulated the parameters for that practice. See id.12 Significantly, the Court also made clear that its holding was not limited to vice-consuls or to the exigencies of Eaton’s particular appointment. Rather, the Court emphasized that the temporary performance of a principal office is not the same as holding that office itself. The Court feared that a contrary holding would bear upon “any and every delegation of power to an inferior to perform under any circumstances or exigency.” Id at
  2. __________
  3. 12 In the 1855 opinion, Attorney General Cushing explained that a vice-consul is “the person employed to fill the [consul’s] place temporarily in his absence.” Appointment of Consuls, 7 Op. Att’y Gen. 242, 262? (1855). He noted that consuls had to be Senate-confirmed, but vice-consuls were regarded as the “subordinates of consuls” and therefore did not require “nomination to the Senate.” Id. at 247.
  4. [page] 14
  5. 343 (emphasis added). In View of the long history of such appointments, Eaton simply
  6. confirmed the general rule. It did not work any innovation in that practice. .
  7. The Court has not retreated from Eaton, or narrowed its holding, but instead has repeatedly cited the decision for the proposition that an inferior officer may temporarily perform the duties of a principal officer without Senate confirmation. In Edmond, the Court observed that “’inferior officers’ are officers whose work is directed and supervised at some level by others who were appointed by Presidential nomination with the advice and consent of the Senate.” 520 U.S. at 663. But the Court also observed that there is no “exclusive criterion for distinguishing between principal and inferior officers” and restated Eaton’s holding that “a vice consul charged temporarily with the duties of the consul” is an “inferior” officer. Id at 661. In Morrison, the Court emphasized that a subordinate who performed a principal officer’s duties “for a limited time and under special and temporary conditions” is not “thereby transformed into the superior and permanent official,” and explained that a Vice-consul appointed during the consul’s “temporary absence” remained a “subordinate officer notwithstanding the Appointment Clause’s specific reference to “Consuls” as principal officers.” 487 U.S. at 672-73 (quoting Eaton, 169 U.S. at 343)). Justice Scalia’s dissenting opinion in Morrison similarly described Eaton as holding that “the appointment by an Executive Branch official other than the President of a “vice-consul,” charged with the duty of temporarily performing the function of the consul, did not violate the Appointments Clause.” Id. at 721 (Scalia, .. dissenting). Likewise, in his dissenting opinion in Free Enterprise Fund v. Public Company Accounting Oversight Board, 537 F.3d 667 (DC. Cir. 2008), aff’d in part and rev’d in part, 561 U.S. 447 (2010), then-Judge Kavanaugh cited Eaton to establish that “[t]he temporary nature of the office is the . . . reason that acting heads of departments are permitted to exercise authority without Senate confirmation.” Id at 708 n.17 (Kavanaugh, J. dissenting). Notably, Judge Kavanaugh also cited our 2003 opinion, which concluded that an OMB official who was not Senate confirmed could serve as Acting Director of OMB. See id. (citing Acting Director of 0MB, 27 Op. O.L.C. at 123).

 

  1. In SW General, the Court acknowledged the long history of Acts of Congress permitting the President to authorize officials to temporarily perform the functions of vacant offices requiring Senate approval. 137 S. Ct. at 935. Although the Court’s opinion did not address the Appointments Clause, Justice Thomas’s concurring opinion suggested that a presidential directive to serve as an officer under the Vacancies Reform Act should be viewed as an appointment, and that such a direction would “raise [ ] grave constitutional concerns because the Appointments Clause forbids the President to appoint principal officers without the advice and consent of the Senate.? Id. But Justice Thomas also distinguished Eaton on the ground that the acting designation at issue in SW General was not “special and temporary” because it had remained in place “for more than three years in offices limited by statute to a 4-year term.” Id. At 946 n. 1. Justice Thomas’s opinion may therefore be understood to be consistent not only with Eaton, but also with the precedents of this Office, which have found it “implicit” that “the tenure of an Acting Director should not continue beyond a reasonable time.” Status 0f the Acting Director, Office of Management and Budget, 1 Op. O.L.C. 287, 289-90 (1977). Even under Justice Thomas’s opinion, Mr. Whitaker’s designation as Acting Attorney General, which was made one week ago, and which would lapse in the absence of a presidential nomination, should qualify as “special and temporary” under Eaton.
  2. [page] 15

 

 

  1. Executive practice and more recent legislation reinforces that an inferior officer may temporarily act in the place of a principal officer. In 1980, for instance, this Office raised no constitutional concerns in concluding (in the context of a non-executive office) that the Comptroller General was statutorily authorized to “designate an employee” of the General Accounting Office to be Acting Comptroller General during the absence or incapacity of both the Senate-confirmed Comptroller General and the Senate-confirmed Deputy Comptroller General. Authority of the Comptroller General to Appoint an Acting Comptroller General, 4B Op. O.L.C 690, 690-91 (1980).

 

  1. Most significantly, in 2003, this Office relied on Eaton in concluding that, although “the position of Director [of is a principal office, . . . an Acting Director [of is only an inferior officer.” Acting Director of OMB, 27 Op. O.L.C. at 123. We did not think that that conclusion had been called into question by Edmond’s statement that an inferior officer is one who reports to a superior officer below the President, because in that case “[t]he Court held only that [g]enerally speaking” an inferior officer is subordinate to an officer other than the President,” and because Edmond did not deal with temporary officers. 27 Op. O.L.C. at 124 (citations omitted). Assuming that for constitutional purposes the official designated as acting head of an agency would need to be an inferior officer (and that the OMB official in question was not already such an officer), we further concluded that the President’s designation of an acting officer under the Act should be regarded as an appointment by the President alone” a constitutionally permissible mode for appointing an inferior officer. Id. at 125. Since then, Presidents George W. Bush and Obama each used their authority under the Vacancies Reform Act to place non-Senate-confirmed Chiefs of Staff in the lines of succession to be the acting head of several federal agencies.13 In three instances, President Obama placed a Chief of Staff above at least one Senate-confirmed officer within the same department.14 And, in practice, during the Bush, Obama, and Trump Administrations, multiple unconfirmed officers were designated to serve as acting agency heads, either under the Vacancies Reform Act or another office-specific

 

  1. __________

 

  1. 13 See Memorandum, Designation of Officers of the Social Security Administration, 71 Fed. Reg. 20333 (Apr. 17, 2006); Memorandum, Designation of Officers of the Council on Environmental Quality, 73 Fed. Reg. 54487 (Sept. 18, 2008) (later superseded by 2017 memorandum cited below); Memorandum, Designation of Officers of the Overseas Private Investment Corporation to Act as President of the Overseas Private Investment Corporation, 76 Fed. Reg. 33613 (June 6, 2011); Memorandum, Designation of Officers of the Millennium Challenge Corporation to Act as Chief Executive Officer of the Millennium Challenge Corporation, 77 Fed. Reg. 31161 (May 21, 2012); Memorandum, Designation of Officers of the General Services Administration to Act as Administrator of General Services, 78 Fed. Reg. 59161 (Sept. 20, 2013); Memorandum, Designation of Officers of the Office of Personnel Management to Act as Director of the Office of Personnel Management, 81 Fed. Reg. 54715 (Aug. 12, 2016); Memorandum, Providing an Order of Succession Within the National Endowment of the Humanities, 81 Fed. Reg. 54717 (Aug. 12, 2016); Memorandum, Providing an Order of Succession Within the National Endowment of the Arts, 81 Fed. Reg. 96335 (Dec. 23, 2016); Memorandum, Designation of Officers or Employees of the Office of Science and Technology Policy to Act as Director, 82 Fed. Reg. 7625 (Jan. 13, 2017); Memorandum, Providing an Order of Succession Within the Council on Environmental Quality, 82 Fed. Reg. 7627 (Jan. 13, 2017).

 

  1. 14 See Executive Order 13612, Providing an Order of Succession Within the Department of Agriculture, 77 Fed. Reg. 31153 (May 21, 2012); Executive Order 13735, Providing an Order Within the Department of the Treasury, 81 Fed. Reg. 54709 (Aug. 12, 2016); Executive Order 13736, Providing an Order of Succession Within the Department of Veterans Affairs, 81 Fed. Reg. 54711 (Aug. 12, 2016).
  2. [page] 16

 

  1. 15 Those determinations reflect the judgments of these administrations that the President may lawfully designate an unconfirmed official, including a Chief of Staff, to serve as an acting principal officer.

 

  1. Congress too has determined in the Vacancies Reform Act and many other currently operative statutes that non-Senate-confirmed officials may temporarily perform the functions of principal officers. By its terms, the Vacancies Reform Act applies to nearly all executive offices for which appointment “is required to be made by the President, by and with the advice and consent of the Senate.” 5 U.S.C. 3345(a); see id (excluding only certain members of multi-member boards, commissions, or similar entities). And it specifically provides for different treatment in some respects depending on whether the vacant office is that of an agency head. Id 3348(b)(2). Moreover, the statute contemplates that non-Senate-confirmed officials will be able to serve as acting officers in certain applications of section 3345(a)(1) as well as in all applications of section 3345(a)(3), which refers to an “officer or employee.” The latter provision had no counterpart in the Vacancies Act of 1868, but it was not completely novel, because clerks, who were not Senate-confirmed, were routinely authorized to serve as acting officers under the 1792 and 1795 statutes.16

 

  1. Congress has also enacted various statutes that enable deputies not confirmed by the Senate to act when the office of the Senate-confirmed agency head is vacant. See 12 U.S.C. 4512(f) (providing for an Acting Director of the Federal Housing Finance Agency); id 549l(b)(5) (providing for an Acting Director of the Bureau of Consumer Financial Protection); 21 U.S.C. 1703(a)(3) (providing for an Acting Director of the Office of National Drug Control Policy); 40 U.S.C. 302(b) (providing for an Acting Administrator of the General Services Administration); 44 U.S.C. 2103(c) (providing for an Acting Archivist). All of those provisions contemplate the temporary service of non-Senate-confirmed officials as acting

 

  1. __________

 

  1. 15 For example, during this administration, Grace Bochenek, a non-Senate-confirmed laboratory director, served as Acting Secretary of Energy from January 20, 2017, until March 2, 2017; Tim Home, a non-Senate-confirmed Regional Commissioner, served as Acting Administrator of the General Services Administration from January 20, 2017, until December 12, 2017 (pursuant to a designation under a GSA-specific statute); Phil Rosenfelt, a non-Senate-confirmed Deputy General Counsel, served as Acting Secretary of Education from January 20, 2017, until February 7, 2017 (pursuant to a designation under a statute specific to that department); Don Wright, a non-Senate-confirmed Deputy Assistant Secretary, served as Acting Secretary of Health and Human Services from September 30, 2017, until October 10, 2017; Peter O’Rourke, a non-Senate-confirmed Chief of Staff, served as Acting Secretary of Veterans Affairs from May 29, 2018, until July 30, 2018; and Shelia Crowley, a non-Senate-confirmed Chief of Operations, served, upon President Obama’s designation, as Acting Director of the Peace Corps from January 20, 2017, until November 16, 2017. During the Obama administration, Darryl Hairston, a career employee, served as Acting Administrator of the Small Business Administration from January 22, 2009, until April 6, 2009, and Edward Hugler, a non-Senate-confirmed Deputy Assistant Secretary, served as Acting Secretary of Labor from February 2, 2009, until February 24, 2009. During the Bush Administration, Augustine a non-Senate-confirmed Executive Associate Director served as Acting Director of OMB from June 10, 2003, until late June 2003, consistent with our opinion.

 

  1. 16 Echoing the movement in the early nineteenth century to chief clerks rather than Senate-confirmed officials from other departments, section 3345(a)(3) was reportedly the product of a desire to give the President “more flexibility” to use “qualified individuals who have worked within the agency in which the vacancy occurs for a minimum number of days and who are of a minimum grade level.” S. Rep. No. 105-250, at 31 (additional views of Sen. Glenn et id at 35 (minority views of Sens. Durbin and Akaka).
  2. [page] 17

 

  1. principal officers, and these statutes would appear to be unconstitutional if only a Senate-confirmed officer could temporarily serve as an acting principal officer. Similarly, other current statutes provide that, although the deputy is appointed by the President with the Senate’s advice and consent, the President or the department head may designate another official to act as the agency head, even though that official is not Senate-confirmed. See 20 U.S.C. 3412(a)( 1) (providing that “[t]he Secretary [of Education] shall designate the order in which other officials of the Department shall act for and perform the functions of the Secretary . . . in the event of vacancies in both” the Secretary and Deputy Secretary positions); 31 U.S.C. 502(f) (providing that the President may designate “an officer of the Office [of Management and Budget] to act as Director”); 38 U.S.C. 304 (providing that the Deputy Secretary of Veterans Affairs serves as Acting Secretary “[u]nless the President designates another officer of the Government”); 42 U.S.C. 7132(a) (providing that “[t]he Secretary [of Energy] shall designate the order in which the Under Secretary and other officials shall act for and perform the functions of the Secretary . . . in the event of vacancies in both” the Secretary and Deputy Secretary positions); 49 U.S.C. 102(e) (providing that the Secretary of Transportation shall establish an order of succession that includes Assistant Secretaries who are not Senate-confirmed for instances in which the offices of the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are vacant); 4O U.S.C. 302(b) (providing that the Deputy Administrator serves as Acting Administrator of General Services when that office “is vacant,” “unless the President designates another officer of the Federal Government”); cf 44 U.S.C. 304 (limiting the individuals whom the President may choose to serve as Acting Director of the Government Printing Office to those who occupy offices requiring presidential appointment with the Senate’s advice and consent).

 

  1. Indeed, if it were unconstitutional for an official without Senate confirmation to serve temporarily as an acting agency head, then the recent controversy over the Acting Director of the CFPB should have been resolved on that ground alone – even though it was never raised by any party, the district court, or the judges at the appellate argument. On November 24, 2017, the Director of the CF PB appointed a new Deputy Director, expecting that she would become the Acting Director upon his resignation later that day. Acting Director of CFPB, 41 Op. O.L.C. at *2 n. 1. The Director of the CFPB relied on 12 U.S.C. 5491(b)(5), which expressly contemplates that a non-Senate-confirmed official (the Deputy Director) will act as a principal officer (the Director). The President, however, exercised his authority under 5 U.S.C. 3345(a)(2) to designate the Director of OMB as Acting Director of the CF PB. See English, 279 F. Supp. 3d at 330. When the Deputy Director challenged the President’s action, we are not aware that anyone ever contended that the Deputy Director was constitutionally ineligible to serve as Acting Director because she had not been confirmed by the Senate. If the newly
  2. installed Deputy Director of the CFPB could lawfully have become the Acting Director, then the
  3. Chief of Staff to the Attorney General may serve as Acting Attorney General in the case of a vacancy.

 

 

  1. The constitutionality of Mr. Whitaker’s designation as Acting Attorney General is supported by Supreme Court precedent, by acts of Congress passed in three different centuries,
  2. and by countless examples of executive practice. To say that the Appointments Clause now
  3. [page] 18

 

  1. prohibits the President from designating Mr. Whitaker as Acting Attorney General would mean that the Vacancies Reform Act and a dozen statutes were unconstitutional, as were countless prior instances of temporary service going back to at least the Jefferson Administration.

 

  1. There is no question that Senate confirmation is an important constitutional check on the President’s appointments of senior officers. The Senate’s role “serves both to curb Executive abuses of the appointment power, and to promote a judicious choice of [persons] for filling the offices of the union.” Edmond, 520 US. at 659 (internal quotation marks omitted). At the same time, the “constitutional process of Presidential appointment and Senate confirmation . . . can take time: The President may not settle on a nominee to fill an office; the Senate may be unable, or unwilling, to speedily confirm the nominee once submitted.” SW General, 137 S. Ct. at 935. Despite their frequent disagreements over nominees, for over 200 years, Congress and the President have agreed upon the value and permissibility of using temporary appointments, pursuant to limits set by Congress, in order to overcome the delays of the confirmation process.

 

  1. If the President could not rely on temporary designations for principal offices, then the efficient functioning of the Executive Branch would be severely compromised. Because most Senate-confirmed officials resign at the end of an administration, a new President must rely on acting officials to serve until nominees have been confirmed. If Senate confirmation were required before anyone could serve, then the Senate could frustrate the appropriate functioning of the Executive Branch by blocking the confirmation of principal officers for some time. See 144 Cong. Rec. 27496 (Oct. 21, 1998) (statement of Sen. Thompson) (noting that section 3345(a)(3) had been added because “[c]oncerns had been raised that, particularly early in a presidential administration, there will sometimes be vacancies in first assistant positions, and that there will not be a large number of Senate-confirmed officers in the government,” as well as “concerns . . . about designating too many Senate-confirmed persons from other offices to serve as acting officers in additional positions?). A political dispute with the Senate could frustrate the President’s ability to execute the laws by delaying the appointment of his principal officers.

 

  1. The problems with a contrary rule are not limited to the beginning of an administration. Many agencies would run into problems on an ongoing basis, because they have few officers subject to Senate confirmation. Thus, when a vacancy in the top spot arises, such an agency would either lack a head or be forced to rely upon reinforcements from Senate-confirmed appointees outside the agency. Those outside officers may be inefficient choices when a non-Senate-confirmed officer within the agency is more qualified to act as a temporary caretaker. At best, designating a Senate-confirmed officer to perform temporary services would solve a problem at one agency only by cannibalizing the senior personnel of another.

 

  1. It is true that these concerns do not apply to the current circumstances of the Department of Justice, which is staffed by a number of Senate-confirmed officers. Following Attorney General Sessions’ resignation, the President could have relied upon the Deputy Attorney General, the Solicitor General, or an Assistant Attorney General to serve as Acting Attorney General. But the availability of potential alternatives does not disable Congress from providing the President with discretion to designate other persons under section 3345(a)(3) of the Vacancies Reform Act. Nothing in the text of the Constitution or historical practice suggests that
  2. [page] 19
  3. the President may turn to an official who has not been confirmed by the Senate if, but only if, there is no appropriate Senate-confirmed official available.
  4. The President’s designation to serve as Acting Attorney General of a senior Department of Justice official who does not currently hold a Senate-confirmed office is expressly authorized by 5 U.S.C. 3345(a)(3). Mr. Whitaker has been designated based upon a statute that permits him to serve as Acting Attorney General for a limited period, pending the Senate’s consideration of a nominee for Attorney General. Consistent with our 2003 opinion, with Eaton, and with two centuries of practice, we advised that his designation would be lawful.
  5. [Signed]
  6. STEVEN A. ENGEL
  7. Assistant Attorney General
  8. [page]20

 

 

 

 

  1. THIS WRITER?
  2. Richard is an attorney at law, and has served as an advertising and marketing and operations executive, a copy and slogan and technical and fiction writer, an auditor, an educator, and as CEO, Executive Vice President, and Vice President of several companies, one of which was among the largest privately owned broadcasting companies in the world. He works at being an oil, acrylic, and watercolor artist, and more than 800 of his oil, acrylic, and watercolor paintings are found on fineartamerica.com or www.richard-w-linford.pixels.com. He has written more than 75 non-fiction and fiction books listed in this appendix to this small work, most of which are available on www.amazon.com (type Richard W. Linford.) He was co-producer of audio programs The World’s 100 Greatest Books, The World’s 100 Greatest People, and The World’s 50 Greatest Composers, their lives and their music. He served as state chairman of the National Conference of Christians and Jews (and Muslims) and on NCCJ national board for 14 years, as chairman of a multi-county Red Cross, and on other non-profit boards. He currently serves as the representative of The Church of Jesus Christ of Latter-day Saints on the Utah State Volunteers Active in Disaster Board.

 

 

 

 

  1. Most of Richard’s Writings are on Amazon.com. Type Richard W. Linford.

 

  1. His art – 800+ oil and acrylic paintings – is found at richard-w-linford.pixels.com or by typing Richard W. Linford in www.fineartamerica.com.

 

 

 

 

  1. If you have observations feel free to talk to him via linford@comcast.net.

 

 

 

 

  1. Following is a catalog of his book subjects and titles, most of which are found at amazon.com and which can be accessed by clicking on the link following a title below or by typing Richard W. Linford or Richard Linford in the amazon.com search box.

 

  1. ABS OF STEEL. HOW TO BUILD SIX-PACK ABS OF STEEL THE QUALITY REP WAY! Man or Woman! In the Privacy of your own home!https://www.amazon.com/HOW-BUILD-SIX-PACK-STEEL-QUALITY-ebook/dp/B010EM6MY6/ref=sr_1_85?ie=UTF8&qid=1502472532&sr=8-85&keywords=Richard+W.+Linford

 

  1. MARKETING. Jackalope Mindset: Focus on your Jackalope! Break through the social and media clutter. Sell yourself, your products and your services. https://www.amazon.com/Jackalope-Mindset-clutter-yourself-services-ebook/dp/B01LG786EW/ref=sr_1_35?ie=UTF8&qid=1502472693&sr=8-35&keywords=Richard+W.+Linford

 

 

 

 

  1. Marty and The UK Brexit High Anxiety Hotel and Restaurant. A short story. An allegory. https://www.amazon.com/Marty-Mouse-Brexit-Anxiety-Restaurant/dp/152109649X/ref=sr_1_49?ie=UTF8&qid=1534870920&sr=8-49&keywords=rICHARD+w+lINFORD

 

  1. BAKING SODA USES? 325 ARM & HAMMER BAKING SODA USES??? (Sodium Bicarbonate; Bi-carbonate Soda) USES THAT PEOPLE CLAIM WORK??? https://www.amazon.com/325-HAMMER-BAKING-SODA-USES-ebook/dp/B011CF6U0K/ref=sr_1_6?ie=UTF8&qid=1502486878&sr=8-6&keywords=Richard+W+Linford

 

 

 

 

  1. BEST PRACTICE AND BEST PRACTICES. THE POWER OF BEST PRACTICE AND BEST PRACTICES. https://www.amazon.com/Power-Best-Practice-Practices/dp/1521361398/ref=sr_1_24?ie=UTF8&qid=1502473575&sr=8-24&keywords=Richard+W+Linford

 

  1. BLINDING FLASHS OF THE OBVIOUS. IN SEARCH OF 500 NOT SO BLINDING AND BLINDING FLASHES OF THE OBVIOUS. https://www.amazon.com/SEARCH-500-BLINDING-FLASHES-OBVIOUS-ebook/dp/B01N0EHXVM/ref=sr_1_9?ie=UTF8&qid=1505837336&sr=8-9&keywords=Richard+W.+Linford

 

 

 

 

  1. BRAIN POWER. Better Brain! Super Brain! Supercharge Your Brain! Supercharge Your Brain 1209 Ways! https://www.amazon.com/Better-Brain-Super-Supercharge-Your-ebook/dp/B014EVX8WW/ref=sr_1_14?ie=UTF8&qid=1534865760&sr=8-14&keywords=rICHARD+w+lINFORD

 

  1. BUSINESS TURNAROUND. HOW TO BEGIN TURNING YOUR BUSINESS AROUND IN 30 MINUTES: Save a fortune on consulting services! https://www.amazon.com/BEGIN-TURNING-BUSINESS-AROUND-MINUTES-ebook/dp/B011T55SUG/ref=sr_1_8?ie=UTF8&qid=1505837336&sr=8-8&keywords=Richard+W.+Linford

 

 

 

 

  1. BUSINESS TURNAROUND. Stop Strolling Around Naked In Your Business Empire Like “ALITTLEKINGLY”. Begin to turn your business around now. https://www.amazon.com/Strolling-Around-Business-Empire-ALittle/dp/1575740206/ref=sr_1_36?ie=UTF8&qid=1505839392&sr=8-36&keywords=Richard+W.+Linford

 

  1. BUY or LEASE, and DRIVE a FORD AMERICAN “LUXURY” CAR and TRUCK TODAY! 222 AFFIRMATIONS. HONORING FORD MOTOR COMPANY. GREATEST CAR AND TRUCK COMPANY AND BRAND IN THE WORLD. Don’t procrastinate. Do it now! https://www.amazon.com/LEASE-DRIVE-AMERICAN-LUXURY-TRUCK-ebook/dp/B07GQBJYP2/ref=sr_1_1?ie=UTF8&qid=1535389923&sr=8-1&keywords=bUY+LEASE+DRIVE+A+FORD&dpID=514BieDNMkL&preST=_SY445_QL70_&dpSrc=srch

 

 

 

 

  1. CONCORD, CALIFORNIA. concord in the Son: honoring concord california. https://www.amazon.com/concord-Son-honoring-california-ebook/dp/B00ZSRASYS/ref=sr_1_34?ie=UTF8&qid=1534868802&sr=8-34&keywords=rICHARD+w+lINFORD

 

  1. INTERMEDIATION. Disintermediation, Intermediation, or Both: 200 steps to greater prosperity by eliminating or adding intermediaries. https://www.amazon.com/Disintermediation-Intermediation-Both-eliminating-intermediaries-ebook/dp/B01DMIJ0DY/ref=sr_1_27?ie=UTF8&qid=1505838733&sr=8-27&keywords=Richard+W.+Linford

 

 

 

 

  1. EMERGENCY PREPAREDNESS. Sleep While The Wind Blows! Survival Checklists! Prepare Now! When a disaster or emergency happens, your time for preparation is over! https://www.amazon.com/Sleep-While-Wind-Blows-preparation-ebook/dp/B00P00RUOO/ref=sr_1_1?ie=UTF8&qid=1534865760&sr=8-1&keywords=rICHARD+w+lINFORD&dpID=51-6x1719WL&preST=_SY445_QL70_&dpSrc=srch

 

 

 

 

  1. Andrew Chipman’s Christmas Angel. https://www.amazon.com/Andrew-Chipmans-Christmas-Richard-LInford/dp/1575740176/ref=sr_1_38?ie=UTF8&qid=1505839508&sr=8-38&keywords=Richard+W.+Linford

 

  1. Andy Pepper and Prince Kalid’s Solid Gold Western Flyer X-53. https://www.amazon.com/Pepper-Prince-Kahlids-Solid-Western-ebook/dp/B01EYXVZOI/ref=sr_1_76?ie=UTF8&qid=1534878985&sr=8-76&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. Driving Mabel for Christmas Dinner. https://www.amazon.com/Driving-Christmas-Dinner-Richard-Linford-ebook/dp/B078HB4XC3/ref=sr_1_22?ie=UTF8&qid=1534868802&sr=8-22&keywords=rICHARD+w+lINFORD&dpID=5178sLG1twL&preST=_SY445_QL70_&dpSrc=srch

 

  1. I Am the Count of Monte Cristo. Short story. https://www.amazon.com/s/ref=sr_pg_6?rh=i%3Aaps%2Ck%3ArICHARD+w+lINFORD&page=6&keywords=rICHARD+w+lINFORD&ie=UTF8&qid=1534878985

 

 

 

 

  1. JOSHUA REDSHIELD’S DNA AND THE ILLUMINATI? A TECHNOTHRILLER (JOSHUA REDSHIELD AND THE ILLUMINATI Book 1. https://www.amazon.com/JOSHUA-REDSHIELDS-DNA-ILLUMINATI-TECHNOTHRILLER-ebook/dp/B01E91I4S0/ref=sr_1_30?ie=UTF8&qid=1534868802&sr=8-30&keywords=rICHARD+w+lINFORD

 

  1. The Bulletproof Invincible Man. Sheik Harun al-Rashid – A short story. https://www.amazon.com/Bulletproof-Invincible-Man-Sheik-al-Rashid-ebook/dp/B011FKPMP6/ref=sr_1_62?ie=UTF8&qid=1534870960&sr=8-62&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. The KITE MAKER’S DAUGHTER: A fabled story for every daughter and every son? An allegory. https://www.amazon.com/KITE-MAKERS-DAUGHTER-daughter-allegory/dp/1718028172/ref=sr_1_1?ie=UTF8&qid=1534887731&sr=8-1&keywords=The+KITE+MAKER%27S+Daughter

 

  1. The Minimalist: 89 EMAILS TO MY MARINE SON RAFAEL. https://www.amazon.com/Minimalist-EMAILS-MARINE-RAFAEL-novel/dp/1980353794/ref=sr_1_61?ie=UTF8&qid=1534870960&sr=8-61&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. The Receiver. A short story about an appointed Securities and Exchange Commission Receiver, his work and response. https://www.amazon.com/Receiver-short-Richard-W-Linford-ebook/dp/B0134GYM2I/ref=sr_1_18?ie=UTF8&qid=1534865760&sr=8-18&keywords=rICHARD+w+lINFORD

 

  1. THE WHITE UNICORN CODE: Mystery of the Lady with the Unicorn and other Unicorn tapestries. https://www.amazon.com/White-Unicorn-Code-tapestries-2010-07-21/dp/B01F9GTEM4/ref=sr_1_94?ie=UTF8&qid=1534883070&sr=8-94&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. The Young Marine and the Snow an allegory. https://www.amazon.com/Young-Marine-Snow-Allegory/dp/1575740192/ref=sr_1_37?ie=UTF8&qid=1505839508&sr=8-37&keywords=Richard+W.+Linford; https://www.amazon.com/Young-Marine-Snow-short-allegory-ebook/dp/B011PHGFH8/ref=sr_1_83?ie=UTF8&qid=1534882887&sr=8-83&keywords=rICHARD+w+lINFORD

 

  1. Waiting with Brutus Caesar Anthony the 7th, William and Mary, for SAM THE MECHANIC MAN. https://www.amazon.com/Waiting-Brutus-Anthony-William-MECHANIC/dp/1521158010/ref=sr_1_32?ie=UTF8&qid=1505839176&sr=8-32&keywords=Richard+W.+Linford

 

 

 

 

  1. WESTERN. The Cowboy Bar L Dude Ranch, Five Guests, and the Mean Banker. https://www.amazon.com/Cowboy-Dude-Ranch-Guests-Banker-ebook/dp/B0756JG4K2/ref=sr_1_27?ie=UTF8&qid=1534868802&sr=8-27&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. Seven DEADLY NEGATIVE HABITS of Highly Ineffective People plus The Young Knight with the short lance and the Black Knight – An Allegory. https://www.amazon.com/DEADLY-NEGATIVE-HABITS-Highly-Ineffective/dp/1549957171/ref=sr_1_55?ie=UTF8&qid=1534870960&sr=8-55&keywords=rICHARD+w+lINFORD

 

  1. HABITS OF LOSERS. How to Lose! 70 habits of losers who abuse or lose friends, health, influence and money! https://www.amazon.com/How-Lose-habits-friends-influence-ebook/dp/B01AAV6CGO/ref=sr_1_40?ie=UTF8&qid=1534869921&sr=8-40&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. HIGH FRUCTOSE CORN SYRUP AND SUGAR BELLY. https://www.amazon.com/HIGH-FRUCTOSE-SYRUP-SUGAR-BELLY-ebook/dp/B01B554JAK/ref=sr_1_28?ie=UTF8&qid=1505838733&sr=8-28&keywords=Richard+W.+Linford

 

 

 

 

  1. JESUS CHRIST PAPERS. A letter to my grandson, Jason: You are a son of Heavenly Father and Heavenly Mother. I love you. Your grandpa. https://www.amazon.com/letter-grandson-Jason-Heavenly-grandpa-ebook/dp/B01AOWGOQC/ref=sr_1_33?ie=UTF8&qid=1534868802&sr=8-33&keywords=rICHARD+w+lINFORD

 

  1. JESUS CHRIST PAPERS. ANGELS. ARE SHOULDER ANGELS AMONG US? Yes. There are good and bad angels. https://www.amazon.com/ARE-SHOULDER-ANGELS-AMONG-US-ebook/dp/B00Q3GX8Q8/ref=sr_1_12?ie=UTF8&qid=1502487183&sr=8-12&keywords=Richard+W+Linford

 

 

 

 

  1. JESUS CHRIST PAPERS. ARTICLES OF FAITH. My 32 Articles of Faith in God the Father and His Son Jesus Christ: Based on Joseph Smith’s 13 Articles of Faith, LDS Gospel Principles, and my understanding of the doctrine and Church of Jesus Christ. https://www.amazon.com/Articles-Faith-Father-Jesus-Christ-ebook/dp/B011DTKQSC/ref=sr_1_10?ie=UTF8&qid=1502487183&sr=8-10&keywords=Richard+W+Linford

 

  1. JESUS CHRIST PAPERS. BEHOLD THE MAN: Jesus is The Christ, The Great Jehovah, The Holy Messiah who soon will come! https://www.amazon.com/Behold-Man-Christ-Jehovah-Messiah-ebook/dp/B011YLLSKO/ref=sr_1_43?ie=UTF8&qid=1534869921&sr=8-43&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. JESUS CHRIST PAPERS. Christmas and Easter Opus. Honoring and testifying that GOD OUR HEAVENLY FATHER AND HIS BELOVED SON LIVE. https://www.amazon.com/Christmas-Easter-Opus-Honoring-testifying-ebook/dp/B00ZS53A0O/ref=sr_1_51?ie=UTF8&qid=1534870960&sr=8-51&keywords=rICHARD+w+lINFORD&dpID=51eBFOrba7L&preST=_SY445_QL70_&dpSrc=srch

 

  1. JESUS CHRIST PAPERS. COME UNTO CHRIST: REPENT AND PRAY MIGHTILY FOR FORGIVENESS OF YOUR SINS! Meditations on Repentance, Prayer, and The Book of Mormon, Book of Enos: The Jesus Christ papers. https://www.amazon.com/COME-UNTO-CHRIST-Forgiveness-MEDITATIONS-ebook/dp/B01N5HJFUW/ref=sr_1_12?ie=UTF8&qid=1505837336&sr=8-12&keywords=Richard+W.+Linford

 

 

 

 

  1. JESUS CHRIST PAPERS. DEATH. DEATH SOLUTION HOW TO AVOID YOUR DEATH? https://www.amazon.com/DEATH-SOLUTION-HOW-AVOID-YOUR-ebook/dp/B01LTGUPZ8/ref=sr_1_49?ie=UTF8&qid=1534869921&sr=8-49&keywords=rICHARD+w+lINFORD

 

  1. JESUS CHRIST PAPERS. HONORING PRESIDENT MARION G. ROMNEY. Noble Apostle of Jesus the Christ the Holy Messiah. https://www.amazon.com/Honoring-President-Marion-G-Romney-ebook/dp/B077GY3ZSX/ref=sr_1_54?ie=UTF8&qid=1534870960&sr=8-54&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. JESUS CHRIST PAPERS: JESUS CHRIST IS THE HOLY MESSIAH: HE SOON WILLL COME TO BEGIN HIS MILLENNIAL REIGN OF PEACE. https://www.amazon.com/JESUS-CHRIST-PAPERS-MESSIAH-MILLENNIAL-ebook/dp/B01EEK4386/ref=sr_1_77?ie=UTF8&qid=1534878985&sr=8-77&keywords=rICHARD+w+lINFORD

 

  1. JESUS CHRIST PAPERS. Meditations on Jesus The Christ and the Book of Mormon, Book of Moroni. https://www.amazon.com/Meditations-Jesus-Christ-Mormon-Moroni-ebook/dp/B01MDJT7R7/ref=sr_1_8?ie=UTF8&qid=1502487183&sr=8-8&keywords=Richard+W+Linford

 

 

 

 

  1. JESUS CHRIST PAPERS. ENEMIES. How to get rid of your enemies? https://www.amazon.com/How-get-rid-your-enemies-ebook/dp/B01KVY0VK8/ref=sr_1_6?ie=UTF8&qid=1505837336&sr=8-6&keywords=Richard+W.+Linford

 

  1. JESUS CHRIST PAPERS. GRANDPA TO GRANDSON. A letter to my grandson, Jason: You are a son of our Heavenly Father and Mother. I love you. Your grandpa. https://www.amazon.com/letter-grandson-Jason-Heavenly-grandpa-ebook/dp/B01AOWGOQC/ref=sr_1_1?ie=UTF8&qid=1542222675&sr=8-1&keywords=Richard+W+Linford+a+lETTER+TO+MY+GRANDSON+jASON

 

 

 

 

  1. JESUS CHRIST PAPERS. GRANDPAS. GRANDSONS. GOD COULDN’T BE EVERYWHERE SO HE CREATED GRANDPAS: 692 WAYS TO BE A BETTER GRANDPA TO YOUR GRANDSON. https://www.amazon.com/GOD-COULDNT-EVERYWHERE-CREATED-GRANDPAS-ebook/dp/B01EKKIAZ2/ref=sr_1_36?ie=UTF8&qid=1534869921&sr=8-36&keywords=rICHARD+w+lINFORD&dpID=51kbey4orcL&preST=_SY445_QL70_&dpSrc=srch

 

  1. JESUS CHRIST PAPERS. HOLINESS! Worship the LORD in the Beauty of Holiness! https://www.amazon.com/HOLINESS-Worship-Beauty-Holiness-Christ-ebook/dp/B06XDHCBS6/ref=sr_1_29?ie=UTF8&qid=1502473575&sr=8-29&keywords=Richard+W+Linford

 

 

 

 

  1. JESUS CHRIST PAPERS. Honoring God the Son whose Second Coming is near: Holy Names, Titles and Concepts that describe Jehovah Jesus Christ The Holy Messiah. https://www.amazon.com/Honoring-whose-Second-Coming-near/dp/1521473811/ref=sr_1_30?ie=UTF8&qid=1505838733&sr=8-30&keywords=Richard+W.+Linford

 

  1. JESUS CHRIST PAPERS. Honoring Moses and Thomas S. Monson, Prophets of God. https://www.amazon.com/Honoring-Moses-Thomas-Monson-Prophets/dp/1521399239/ref=sr_1_23?ie=UTF8&qid=1502473575&sr=8-23&keywords=Richard+W+Linford

 

 

 

 

  1. JESUS CHRIST PAPERS. Meditations on The Book of [the Prophet] Jacob as found in the [Holy] Book of Mormon including Meditations on The Prophet [Zenos’] Allegory of the Tame and Wild Olive Trees. https://www.amazon.com/Meditations-Book-Mormon-Prophet-Jacob-ebook/dp/B07F98LM3V/ref=sr_1_38?ie=UTF8&qid=1534869921&sr=8-38&keywords=rICHARD+w+lINFORD&dpID=611X8baOG4L&preST=_SY445_QL70_&dpSrc=srch

 

  1. JESUS CHRIST PAPERS. The Holy Ghost Power and Gift. https://www.amazon.com/Holy-Ghost-Power-Gift-Meditations-ebook/dp/B06W2KB7MZ/ref=sr_1_48?ie=UTF8&qid=1534869921&sr=8-48&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. JESUS CHRIST PAPERS. TWELVE RULES FOR ETERNAL LIFE. https://www.amazon.com/s?k=TWELVE+RULES+FOR+ETERNAL+LIFE&ref=nb_sb_noss_2

 

 

  1. JESUS CHRIST PAPERS VOLUME 1: THE MANY WITNESSES THAT “HE LIVES!” https://www.amazon.com/Jesus-Christ-Papers-Witnesses-Jehovah/dp/1575740214/ref=sr_1_70?ie=UTF8&qid=1534878985&sr=8-70&keywords=rICHARD+w+lINFORD&dpID=51v8JgbrR9L&preST=_SX218_BO1,204,203,200_QL40_&dpSrc=srch

 

 

 

 

  1. JESUS CHRIST PAPERS. Jesus Christ lives! The many witnesses. Volume 1. https://www.amazon.com/s/ref=sr_pg_6?rh=i%3Aaps%2Ck%3ArICHARD+w+lINFORD&page=6&keywords=rICHARD+w+lINFORD&ie=UTF8&qid=1534878985

 

  1. JESUS CHRIST PAPERS. Jesus Christ’s True Church: 70 characteristics with scriptural references. https://www.amazon.com/Jesus-Christs-True-Church-characteristics-ebook/dp/B01BO9849E/ref=sr_1_44?ie=UTF8&qid=1534869921&sr=8-44&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. JESUS CHRIST PAPERS. JESUS IS THE CHRIST, THE RESURRECTED HOLY MESSIAH. He will come someday in power and great glory. Kindle ebook edition. https://www.amazon.com/JESUS-CHRIST-RESURRECTED-HOLY-MESSIAH-ebook/dp/B07KFQZTFN/ref=sr_1_1?ie=UTF8&qid=1542217215&sr=8-1&keywords=Richard+W+Linford+Jesus+is+The+Christ%2C+The+Holy+Messiah; Paperback edition. https://www.amazon.com/JESUS-CHRIST-RESURRECTED-HOLY-MESSIAH/dp/1731249470/ref=sr_1_2?ie=UTF8&qid=1542217290&sr=8-2&keywords=Richard+W+Linford+Jesus+is+The+Christ%2C+The+Holy+Messiah+Paperback&dpID=51NQQxwkjGL&preST=_SX218_BO1,204,203,200_QL40_&dpSrc=srch

 

 

 

 

  1. JESUS CHRIST PAPERS. LIFE. DEATH. he planted Utah strawberries and then he died: richard w Linford. https://www.amazon.com/planted-utah-strawberries-then-died-ebook/dp/B00ZQ1OO64/ref=sr_1_28?ie=UTF8&qid=1502473575&sr=8-28&keywords=Richard+W+Linford

 

 

  1. JESUS CHRIST PAPERS. MARRIAGE. Choose Your Love! Love Your Choice! 22 Anti-divorce Principles for Christian Couples. https://www.amazon.com/Choose-Your-Love-Choice-Anti-divorce-ebook/dp/B011EQ9KSG/ref=sr_1_21?ie=UTF8&qid=1534868802&sr=8-21&keywords=rICHARD+w+lINFORD&dpID=61DnI9110OL&preST=_SY445_QL70_&dpSrc=srch

 

 

 

 

  1. JESUS CHRIST PAPERS. MEDITATIONS on “THE IMITATION OF CHRIST by Thomas A Kempis” BOOK ONE “Admonitions Profitable for the Spiritual Life”: Translated by Rev. William Benham. Meditations by Richard W.  https://www.amazon.com/MEDITATIONS-IMITATION-Admonitions-Profitable-Spiritual-ebook/dp/B01L2SANDW/ref=sr_1_4?ie=UTF8&qid=1502471298&sr=8-4&keywords=Richard+W.+Linford

 

 

  1. JESUS CHRIST PAPERS. Meditations on Jesus the Christ and the Book of Mormon, Book of Moroni – Come unto Christ and be perfected in Him. Read the Book of Mormon at lds.org. Ask God if these things are not true. https://www.amazon.com/Meditations-Jesus-Christ-Mormon-Moroni-ebook/dp/B01MDJT7R7/ref=sr_1_6?ie=UTF8&qid=1502484088&sr=8-6&keywords=richard+linford

 

 

 

 

  1. MINISTER TO THE ONE NEAREST TO YOU – MOTHER TERESA Her life – with 1248 faith promoting facts, quotes and stories This ebook and paperback book are available on amazon.com. https://www.amazon.com/MINISTER-ONE-NEAREST-YOU-promoting-ebook/dp/B07JJX1YJJ/ref=sr_1_1?ie=UTF8&qid=1542215988&sr=8-1&keywords=Richard+W+Linford+Minister&dpID=51GPQ02LCkL&preST=_SY445_QL70_&dpSrc=srch

 

 

 

 

  1. JESUS CHRIST PAPERS. PEACE. PUT DOWN YOUR THOUSAND STONES – Peace between Muslim, Jew and Christian – 304 thoughts – With all thy being, be at peace! https://www.amazon.com/PUT-DOWN-YOUR-THOUSAND-STONES-ebook/dp/B01DREDVC4/ref=sr_1_12?ie=UTF8&qid=1534865760&sr=8-12&keywords=rICHARD+w+lINFORD

 

  1. JESUS CHRIST PAPERS. PERSECUTION. HAUN’S MILL TREBLINKA TOO: The Persecution. https://www.amazon.com/HAUNS-MILL-TREBLINKA-TOO-Persecution-ebook/dp/B0106R3T0Y/ref=sr_1_42?ie=UTF8&qid=1534869921&sr=8-42&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. JESUS CHRIST PAPERS. PRAYER. PRAY ALWAYS TO OUR FATHER IN HEAVEN IN THE SACRED NAME OF HIS BELOVED SON JESUS CHRIST: The Purifying Power of Humble Prayer. https://www.amazon.com/ALWAYS-FATHER-HEAVEN-SACRED-BELOVED-ebook/dp/B01GWD5FSU/ref=sr_1_75?ie=UTF8&qid=1534878985&sr=8-75&keywords=rICHARD+w+lINFORD

 

  1. JESUS CHRIST PAPERS. PRIESTHOOD KEYS. APOSTOLIC KEYS. All Apostolic Keys of the Holy Priesthood and Kingdom of God were conferred upon the Prophet Joseph Smith. https://www.amazon.com/APOSTOLIC-KEYS-Apostolic-Priesthood-conferred-ebook/dp/B01BPSQID8/ref=sr_1_35?ie=UTF8&qid=1534869792&sr=8-35&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. JESUS CHRIST PAPERS. REPENT. Repent America or Be Destroyed Like the Jaredites! Repent and Serve The God of This Land who is Jesus Christ! https://www.amazon.com/s/ref=nb_sb_noss?url=search-alias%3Daps&field-keywords=Richard+W+Linford+Repent+America

 

  1. JESUS CHRIST PAPERS – The Father, The Son, The Holy Ghost – Our Divine Origin, Mortality and Destiny. https://www.amazon.com/Jesus-Christ-Papers-Mortality-Destiny-ebook/dp/B01GEYJ47K/ref=sr_1_57?ie=UTF8&qid=1534870960&sr=8-57&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. JESUS CHRIST PAPERS. THE HOLY GHOST. POWER AND GIFT. MEDITATIONS. https://www.amazon.com/Holy-Ghost-Power-Gift-Meditations-ebook/dp/B06W2KB7MZ/ref=sr_1_30?ie=UTF8&qid=1502473575&sr=8-30&keywords=Richard+W+Linford

 

  1. JESUS CHRIST PAPERS. THE LION OF JUDAH ROARS! REPENT! https://www.amazon.com/LION-JUDAH-ROARS-REPENT-Jehovah-ebook/dp/B00ZVB02DS/ref=sr_1_92?ie=UTF8&qid=1534883070&sr=8-92&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. JESUS CHRIST PAPERS. THE MANY WITNESSES THAT “HE LIVES!” https://www.amazon.com/Jesus-Christ-Papers-Witnesses-Jehovah/dp/1575740214/ref=sr_1_35?ie=UTF8&qid=1505840223&sr=8-35&keywords=Richard+W.+Linford

 

  1. JESUS CHRIST PAPERS. THE SECOND COMING OF JESUS CHRIST THE MESSIAH Libretto Sacred Oratorio. The Second Coming as a destruction from the Almighty is near! Repent! https://www.amazon.com/SECOND-COMING-MESSIAH-Libretto-Oratorio-ebook/dp/B0103H3U0Q/ref=sr_1_91?ie=UTF8&qid=1534883070&sr=8-91&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. JESUS CHRIST PAPERS. SABBATH BREAKING. Sabbath Breaking and Sports as The Worlds’ Religion: Fix it Richard! https://www.amazon.com/Sabbath-Breaking-Sports-Worlds-Religion-ebook/dp/B010MJFH06/ref=sr_1_31?ie=UTF8&qid=1502473575&sr=8-31&keywords=Richard+W+Linford

 

  1. JESUS CHRIST PAPERS. Would Jesus Christ Do That? Is the first question! https://www.amazon.com/Would-Jesus-Christ-first-question/dp/1575740168/ref=sr_1_25?ie=UTF8&qid=1505838470&sr=8-25&keywords=Richard+W.+Linford

 

 

 

 

  1. MAKE MORE PEPPERONI “MONEY.” How to Make More Pepperoni?: How did Steven Jobs; Fed de Luca; Warren Buffett; Bill Gates; Larry Ellison; Carlos Slim; Fred, Charles, David Koch; do it. https://www.amazon.com/How-Make-More-Pepperoni-pepperoni-ebook/dp/B011F4WZP2/ref=sr_1_1?ie=UTF8&qid=1542216656&sr=8-1&keywords=Richard+W+Linford+How+to+make+more+pepperoni&dpID=51qKBQOtG5L&preST=_SY445_QL70_&dpSrc=srch

 

  1. MATEO CERVANTES SERIES. NOVEL. Mateo Cervantes – The Old Cowboy Prospector and The Buckskin Rocinante. https://www.amazon.com/Mateo-Cervantes-Prospector-Buckskin-Rocinante-ebook/dp/B06WLN34PD?keywords=Mateo+Cervantes&qid=1539887390&sr=8-1&ref=sr_1_1

 

 

 

 

  1. MELANIA TRUMP. MELANIA TRUMP – HONORING FLOTUS. https://www.amazon.com/MELANIA-TRUMP-Honoring-FLOTUS-intelligent/dp/1521995273/ref=sr_1_2?ie=UTF8&qid=1502471298&sr=8-2&keywords=Richard+W.+Linford

 

 

 

 

  1. 7 MARRIAGE GIFTS FOR 7 DAYS: To make your good marriage great or your bad marriage better. https://www.amazon.com/Marriage-Gifts-Days-marriage-better/dp/1575740249/ref=sr_1_69?ie=UTF8&qid=1534878985&sr=8-69&keywords=rICHARD+w+lINFORD&dpID=41pb0KXJj-L&preST=_SX218_BO1,204,203,200_QL40_&dpSrc=srch

 

  1. 199 Ways to Make Your Good Marriage Great or Your Bad marriage Better: Romance and improve your marriage today. https://www.amazon.com/Ways-Make-Marriage-Great-Better/dp/1575740184/ref=sr_1_14?ie=UTF8&qid=1502487183&sr=8-14&keywords=Richard+W+Linford; https://www.amazon.com/Ways-Make-Marriage-Great-Better/dp/1575740184/ref=sr_1_66?ie=UTF8&qid=1534878879&sr=8-66&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. How to Make More Pepperoni? How did Steven Jobs; Fred de Luca; Warren Buffett; Bill Gates; Larry Ellison; Carlos Slim; Fred, Charles, David Koch; and the Waltons make more pepperoni and how can you? https://www.amazon.com/How-Make-More-Pepperoni-pepperoni-ebook/dp/B011F4WZP2/ref=sr_1_9?ie=UTF8&qid=1502487183&sr=8-9&keywords=Richard+W+Linford

 

  1. COWBOY POETRY. Mustangs Running With The Judas Horse: How to Write Cowboy Poetry. https://www.amazon.com/Mustangs-Running-Judas-Horse-Cowboy-ebook/dp/B010OTOLS8/ref=sr_1_88?ie=UTF8&qid=1534883070&sr=8-88&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. PERFORMANCE AND SUCCESS. Honoring God the Son whose Second Coming is Near; Holy Names and Concepts that describe Jehovah Jesus Christ The Holy Messiah. https://www.amazon.com/Honoring-whose-Second-Coming-near/dp/1521473811/ref=sr_1_64?ie=UTF8&qid=1534870960&sr=8-64&keywords=rICHARD+w+lINFORD

 

  1. PERFORMANCE AND SUCCESS. Honoring Moses and Thomas S. Monson, Prophets of God. https://www.amazon.com/Honoring-Moses-Thomas-Monson-Prophets/dp/1521399239/ref=sr_1_23?ie=UTF8&qid=1502473575&sr=8-23&keywords=Richard+W+Linford

 

 

 

 

  1. PERFORMANCE AND SUCCESS. HONORING PRESIDENT MARION G. ROMNEY. Noble Apostle of Jesus the Christ the Holy Messiah. https://www.amazon.com/Honoring-President-Marion-G-Romney-ebook/dp/B077GY3ZSX/ref=sr_1_54?ie=UTF8&qid=1534870960&sr=8-54&keywords=rICHARD+w+lINFORD

 

  1. PERFORMANCE AND SUCCESS. HONORING SEAN HANNITY. His critics fail in their attempts to dishonor and marginalize him. https://www.amazon.com/HONORING-SEAN-HANNITY-Political-marginalize-ebook/dp/B07HPFRFK1/ref=sr_1_1?ie=UTF8&qid=1542216701&sr=8-1&keywords=Richard+W+Linford+Honoring+Sean+Hannity

 

 

 

 

  1. PERFORMANCE AND SUCCESS. Honoring Stephen R Covey October 24, 1932 to July 16, 2012 Life is not accumulation! Think win-win! https://www.amazon.com/HONORING-STEPHEN-COVEY-October-1932-ebook/dp/B0784CYSJJ/ref=sr_1_59?ie=UTF8&qid=1534870960&sr=8-59&keywords=rICHARD+w+lINFORD

 

  1. PERFORMANCE AND SUCCESS. KILLING BILL O’REILLY. The LEFT tried to KILL BILL’S CAREER! They failed! Bill is back with a VENGEANCE! https://www.amazon.com/KILLING-BILL-OREILLY-CAREER-VENGEANCE-ebook/dp/B077SH9Z1X/ref=sr_1_3?ie=UTF8&qid=1534865760&sr=8-3&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. PERFORMANCE AND SUCCESS. Push Your Limits! Honoring General John Francis Kelly! Semper Fidelis! [Always faithful! Always loyal!] The marines have landed at the US White House! https://www.amazon.com/Limits-Honoring-General-Francis-Fidelis/dp/1522066187/ref=sr_1_1?ie=UTF8&qid=1502471298&sr=8-1&keywords=Richard+W.+Linford

 

  1. PERFORMANCE AND SUCCESS. PUSH YOUR LIMITS! Honoring Ueli Steck with His two Golden Ice Axes In memoriam. A revolutionary way to live your life by challenging and speed climbing your seemingly impossible physical and spiritual mountains. https://www.amazon.com/limits-Honoring-Steck-Golden-memoriam-ebook/dp/B0727ZL9QS/ref=sr_1_10?ie=UTF8&qid=1502484088&sr=8-10&keywords=richard+linford

 

 

 

 

  1. DID THE PATIENT DIE ON THE OPERATING TABLE? OBAMACARE 101 THOUGHTS: Is Obama’s “Affordable Health Care” Plan affordable? Is Universal Health Care the answer? https://www.amazon.com/PATIENT-OPERATING-TABLE-OBAMACARE-THOUGHTS-ebook/dp/B01DOR17HU/ref=sr_1_79?ie=UTF8&qid=1534878985&sr=8-79&keywords=rICHARD+w+lINFORD

 

  1. DONALD TRUMP: 307 Promises and Positions. https://www.amazon.com/DONALD-TRUMP-307-Promises-Positions-ebook/dp/B01BWDHLVO/ref=sr_1_7?ie=UTF8&qid=1502487183&sr=8-7&keywords=Richard+W+Linford

 

 

 

 

  1. KILLING BILL O’REILLY. The LEFT tried to KILL BILL’S CAREER! They failed! Bill is back with a VENGEANCE! https://www.amazon.com/KILLING-BILL-OREILLY-CAREER-VENGEANCE-ebook/dp/B077SH9Z1X/ref=sr_1_3?ie=UTF8&qid=1534865760&sr=8-3&keywords=rICHARD+w+lINFORD

 

  1. 19 Executive Orders I Recommend President Obama sign Before He Leaves Office. https://www.amazon.com/Executive-Orders-Recommend-President-Obama-ebook/dp/B010ODV0TM/ref=sr_1_89?ie=UTF8&qid=1534883070&sr=8-89&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. 50 Reasons to Honor President Barak Obama!: Even if you didn’t vote for him! https://www.amazon.com/Reasons-Honor-President-Barack-Obama-ebook/dp/B010OD6FOC/ref=sr_1_15?ie=UTF8&qid=1534865760&sr=8-15&keywords=rICHARD+w+lINFORD

 

  1. 50 Reasons to Honor President George W. Bush!: Even if you didn’t vote for him! https://www.amazon.com/Reasons-Honor-President-George-Bush-ebook/dp/B012PG4KSE/ref=sr_1_8?ie=UTF8&qid=1502484088&sr=8-8&keywords=richard+linford

 

 

 

 

  1. 28 Reasons I WILL NOT VOTE FOR Hillary Clinton and Tim Kaine in November! 30 Reasons I will VOTE FOR PRESIDENT DONALD TRUMP. https://www.amazon.com/Reasons-Hillary-November-PRESIDENT-President-ebook/dp/B01KWEX9MO/ref=sr_1_39?ie=UTF8&qid=1534869921&sr=8-39&keywords=rICHARD+w+lINFORD

 

  1. Marty Mouse and The UK Brexit High Anxiety Hotel and Restaurant. A long story. An allegory. https://www.amazon.com/Marty-Mouse-Brexit-Anxiety-Restaurant/dp/152109649X/ref=sr_1_27?ie=UTF8&qid=1502473575&sr=8-27&keywords=Richard+W+Linford

 

 

 

 

  1. North Korea Solution – THE UNIFIED REPUBLIC OF KOREA! Tear down that DMZ wall Wise Leader Kim Jong-un! President Donald J. Trump. https://www.amazon.com/North-Korea-Solution-President-peacefully/dp/1521131716/ref=sr_1_26?ie=UTF8&qid=1502473575&sr=8-26&keywords=Richard+W+Linford

 

  1. Repent America or Be Destroyed Like the Jaredites! https://www.amazon.com/Repent-America-Destroyed-Like-Jaredites-ebook/dp/B013FDG8L8/ref=sr_1_82?ie=UTF8&qid=1534878985&sr=8-82&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. THE ART OF THE STEAL – THE LITTLE RED POLITICAL BIBLE, ALMANAC, AND CAMPAIGN HANDBOOK. 237 LESSONS FROM THE 2015-2016 TRUMP AND OTHER AMERICAN POLITICAL CAMPAIGNS. https://www.amazon.com/ART-STEAL-POLITICAL-2015-2016-CAMPAIGNS-ebook/dp/B01E7K829E/ref=sr_1_15?ie=UTF8&qid=1502487183&sr=8-15&keywords=Richard+W+Linford

 

  1. TRUMP: NO THIRD TERM IN WHITE HOUSE FOR BILL AND HILLARY CLINTON!: TRUMP Pence LANDSLIDE! Follow blog. https://www.amazon.com/TRUMP-HILLARY-CLINTON-LANDSLIDE-richlinfordreport-com-ebook/dp/B01LP5JR2U/ref=sr_1_72?ie=UTF8&qid=1534878985&sr=8-72&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. The Power of Best Practice and Best Practices. https://www.amazon.com/Power-Best-Practice-Practices/dp/1521361398/ref=sr_1_26?ie=UTF8&qid=1534868802&sr=8-26&keywords=rICHARD+w+lINFORD

 

  1. BUSINESS DEVELOPMENT. RAINMAKER, WHO STOPPED THE RAIN DANCE AND TURNED OFF MY RAIN? Rainmaking for lawyers and non-lawyers. https://www.amazon.com/RAINMAKER-STOPPED-RAIN-DANCE-TURNED-ebook/dp/B00Q7QH9NC/ref=sr_1_11?ie=UTF8&qid=1502487183&sr=8-11&keywords=Richard+W+Linford

 

 

 

 

  1. In Search of Silence. https://www.amazon.com/Search-Silence-521-quiet-thoughts-ebook/dp/B01M7UCRX8/ref=sr_1_10?ie=UTF8&qid=1505837336&sr=8-10&keywords=Richard+W.+Linford

 

  1. SPEED LEARNING. SPEED READING.Speed Learning Checklists: How to speed learn your way to greater expertise and fortune. https://www.amazon.com/Speed-Learning-Checklists-greater-expertise-ebook/dp/B0106L853G/ref=sr_1_11?ie=UTF8&qid=1505837336&sr=8-11&keywords=Richard+W.+Linford

 

 

 

 

  1. SURVIVAL CHECKLIST HANDBOOK. https://www.amazon.com/SURVIVAL-CHECKLIST-HANDBOOK-Principles-Checklists-ebook/dp/B00PXLSD6E/ref=sr_1_15?ie=UTF8&qid=1505837336&sr=8-15&keywords=Richard+W.+Linford

 

 

 

 

  1. ABS. ED. LOW TESTOSTERONE, ED, AND 6-8 PACK ABS: 558 thoughts to help you maintain and increase your T, overcome ED, and build 608 Pack Abs. https://www.amazon.com/LOW-TESTOSTERONE-6-8-PACK-ABS-ebook/dp/B01BCX3Q90/ref=sr_1_16?ie=UTF8&qid=1505837336&sr=8-16&keywords=Richard+W.+Linford

 

 

  1. Think and Grow Smart!  Think and Grow Rich! The Story of Ineptitude and the foolish cutting of the Golconda Great Mogul Diamond – The Largest Diamond Found in India Coupled with 50 Tried and True Ancient and Modern Knowledge and Wealth Wisdom Principles. https://www.amazon.com/Think-Grow-Smart-Rich-Principles/dp/1521710155/ref=sr_1_21?ie=UTF8&qid=1502473575&sr=8-21&keywords=Richard+W+Linford

 

 

 

 

  1. 730 Ways to Compress and Extend Your Time and Get More Done. For Businesses, Non-profit organizations, Professional firms, Librarians, and Clergy who have SO MUCH TO ACCOMPLISH! SO LITTLE TIME! https://www.amazon.com/Ways-Compress-Extend-Your-Time-ebook/dp/B012BLRWFG/ref=sr_1_18?ie=UTF8&qid=1534868603&sr=8-18&keywords=rICHARD+w+lINFORD

 

  1. Waiting with Brutus Caesar Anthony the 7th and William and Mary Waiting for SAM THE MECHANIC MAN, A long story. An allegory for our auto-driven times. I write. You read. You decide. https://www.amazon.com/Waiting-Brutus-Anthony-William-MECHANIC/dp/1521158010/ref=sr_1_25?ie=UTF8&qid=1502473575&sr=8-25&keywords=Richard+W+Linford

 

 

 

 

  1. The White Unicorn Code: Mystery of the Lady with the Unicorn and other Unicorn tapestries. https://www.amazon.com/White-Unicorn-Code-Mystery-tapestries/dp/1452852383/ref=sr_1_13?ie=UTF8&qid=1502487183&sr=8-13&keywords=Richard+W+Linford

 

  1. WEIGHT REDUCTION. HIGH FRUCTOSE CORN SYRUP AND SUGAR BELLY: 550 thoughts to help you lose your ugly fat and rip your set of six or eight pack abs no matter your age! https://www.amazon.com/HIGH-FRUCTOSE-SYRUP-SUGAR-BELLY-ebook/dp/B01B554JAK/ref=sr_1_20?ie=UTF8&qid=1534868802&sr=8-20&keywords=rICHARD+w+lINFORD&dpID=617Lfk2i3XL&preST=_SY445_QL70_&dpSrc=srch

 

 

 

 

  1. WORLD PRISON REFORM SOLUTIONS? 2016 – 2017 INDUSTRIAL RESEARCH REPORT  In Search of Prison Reform — Are our prisons an ethical stain on American society? https://www.amazon.com/WORLD-PRISON-REFORM-SOLUTIONS-2016-ebook/dp/B01N3LDTJ5/ref=sr_1_7?ie=UTF8&qid=1505837336&sr=8-7&keywords=Richard+W.+Linford

 

  1. WORLD ANTI-TERRORISM SOLUTIONS IN SEARCH OF POSITIVE WAYS TO ELIMINATE TERRORISM 2016 – 2017 COUNTER TERRORISM RESEARCH REPORT 1st Edition. https://www.amazon.com/WORLD-ANTI-TERRORISM-SOLUTIONS-BIBLE-TERRORISM-ebook/dp/B01N4A1UVN/ref=sr_1_1?ie=UTF8&qid=1542216822&sr=8-1&keywords=Richard+W+Linford+In+Search+of+Positive&dpID=51DLvlksHKL&preST=_SY445_QL70_&dpSrc=srch

 

 

 

 

  1. WORLD WATER SOLUTIONS? 2016 – 2017 INDUSTRIAL RESEARCH REPORT: CHEAP? WATER PURIFICATION, SALT WATER DESALINATION, ATMOSPHERIC WATER GENERATION. https://www.amazon.com/WORLD-WATER-SOLUTIONS-2016-PURIFICATION-ebook/dp/B01M12XHTA/ref=sr_1_32?ie=UTF8&qid=1502473575&sr=8-32&keywords=Richard+W+Linford

 

 

 

 

  1. YOU ARE GREAT. YOU HAVE THE POWER! BECAUSE YOU ARE GREAT! Paint yourself a WHITE, BLACK, GREEN, RED, GOLD SWAN today (My free verse poem). https://www.amazon.com/YOU-HAVE-POWER-BECAUSE-GREAT-ebook/dp/B011D9024K/ref=sr_1_13?ie=UTF8&qid=1534865760&sr=8-13&keywords=rICHARD+w+lINFORD

 

 

 

 

  1. A Number of Articles and Papers, one of the most read Ensign articles from The Church of Jesus Christ of Latter-day Saints is his 20 Ways to Make Your Good Marriage Great, Ensign 1983. He was responsible for writing and producing an earlier version of The Church Welfare Services Handbook and Essentials of Home Production and Storage and similar manuals. A Number of Talks, Poems, and Critical Reports. [Not found at amazon.com.]

 

 

 

 

  1. His art – 800+ oil and acrylic paintings – is found at richard-w-linford.pixels.com

 

  1. One of his blogs – POTUSWARS(tm)(c) FLOTUSWATCH(tm)(c) PEACE! RichLinfordReport(tm)(c) richlinfordreport.com

 

 

 

 

  1. RECUSAL OF JEFF SESSIONS! RECUSAL OF MATTHEW WHITAKER?
  2. Was the AG Sessions’ recusal engineered to the extreme harm of POTUS TRUMP? Yes. Should recusal apply to Acting AG Whitaker? No.
  3. © Copyright 2018
  4. Linford Corporation
  5. All domestic and international rights reserved

 

 

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