Joe Biden's "Illegal" Vice Presidency

[jberryhill]

There seems to be this generalized notion that it is unlawful for the president to offer an appointment to a person who is or may become a Senate candidate.

I would be interested to hear from such persons whether they believe that it was illegal for candidate Barack Obama to choose Joe Biden as his running mate in the presidential election. As you know, Joe Biden was at that time a candidate in the general election for Senator from Delaware.

So, ZOMG, Obama offered an appointment to a running Senate candidate in 2008!

The man just can't help himself, it seems.

[PatSeg]

1. Where is this coming from?

Are they asking for Biden's birth certificate as well?

[Jennicut]

8. OMG he was born in Ireland!

[Lochloosa]

22. But, is he a Highlander or a Lowlander?

:shrug:

[jberryhill]

10. Analogy to Sestak

The president has a lawful power to offer and make appointments.

What some don't get is that the bribery statute and influence-peddling statutes do not apply to the Sestak appointment, as the president may offer an appointment to anyone.

What they then say is "Oh, but the quid pro quo was Sestak wouldn't run for Senate", which is silly because EVERY appointee must decide to forego other employment in the event they accept the appointment. If that were the standard, then no appointments could be made except to persons who were unemployed with no prospect for future employment.

[Yavin4]

19. "..no appointments could be made except to persons who were unemployed with no prospect for future"

employment". Well, then say hello to your new Secretary of the Navy, Lindsay Lohan!

[jberryhill]

21. Whoa... LOL /nt

[Yavin4]

25. Well, At Least The Sailors Would Be Happy

Ole LL could really boost morale.

[boppers]

31. I'm pretty sure I can find a picture of Lohan playing softball.

Even better, I can find pictures of her with her past DJ girlfriend.

So, there's that.

[sabbat hunter]

2. VP

is not an appointed position, it is an elected one.

[jberryhill]

4. Ah, really? I don't remember the election when Agnew resigned... /nt

[sabbat hunter]

35. Jerry Ford

Was not a senator, nor was he running for any office when he was nominated to fill the VP slot.

[PatSeg]

5. And Obama wasn't president when he chose

Biden as his running mate.

[HiFructosePronSyrup]

9. lol

and?

[jberryhill]

12. So?

The statutes that keep getting cited are not specific to the president.

[CreekDog]

26. So a sitting president could not choose a running mate

okay, now the stupid is hurting.

[jberryhill]

30. Or even a VP directly

Gee, you think Nixon had a hunch that Ford would pardon him?

[sui generis]

3. the funniest thing about the anti-Obama-ists

they firmly believe they'll find some "gotcha" in the last election that will undo this nightmare of liberalism that has infected the country, thus proving their undeniable scholarly credentials and pristine skills as superior logicians.

Of course, Obama and Biden will just have to step down and let Rush Limbaugh take over and save this country. . . .

Word:

You simple minded selfish self-interest dickheads lost, and you're gonna stay lost. Get over it and get on with your miserable spellcheck-challenged myopic little conservative lives.

[gateley]

6. Who gives a fuck? nt

[Enrique]

7. it's the quid pro quo

I don't know about the legality, but the issue is the quid pro quo and it's a pretty obvious issue.

[jberryhill]

11. Please cite the statute

This is getting to be a routine exercise...

Go ahead, cite the statute and apply a set of facts to it.

[Enrique]

13. I said I didn't know the legality

but your OP ignores the alleged quid pro quo, which is the issue.

[HiFructosePronSyrup]

14. I don't buy that.

I think you know it's perfectly legal.

[jberryhill]

15. You don't know the legality, but you are sure it is illegal?

Okay, that was unexpected.

[Enrique]

16. i doubt it's illegal

I listen to the republicans charging a crime and they sound like they're full of shit.

[jberryhill]

18. The thing is

There are very few appointments which do not include some sort of political calculation. The nice thing about the Obama administration is that not all appointments are entirely driven by political calculations.

Arizonans here on DU were piqued that Obama "stole" Janet Napolitano from them, but it is a simple fact that if one offers an appointment, the prospective appointee will necessarily forgo its other plans if it accepts the appointment.

Let's say I don't like Wal-Mart. You are a regional manager for Wal-Mart, and a really good one. I offer you a job as Postmaster General. Did I do it because I wanted to deprive Wal-Mart of your services? Who knows? You can play this game ad infinitum to the extent where every appointment is ILLEGAL.

[rocktivity]

24. Better yet, let's say that I'm the NATIONAL manager of K-MART

and I offer you a job as a K-Mart regional manager because I know you're a good one! Your accepting the job would probably make your Wal-Mart superiors unhappy, and depriving my competition of a good manager who could make K-Mart better would DEFINITELY make me happy. But there's NOTHING illegal, unethical, or immoral about that!

:headbang:
rocktivity

[CreekDog]

27. then what are you upset about

stop parroting "quid pro quo" like a knucklehead and explain to us that you don't like Obama hiring somebody so as not to have a primary race.

[Enrique]

34. disingenuous question

I've seen many discussions here on DU about Bush's political hirings and firings. Everyone seemed to fully understand how it's better to have any government job be filled purely on the qualifications. And with a high-level job, of course, it's even more important. No one pretended not to understand what the issue was.

And now the OP makes a totally bogus comparision to choosing Biden, where there was never any issue of quid pro quo. I'm parroting quid pro quo like a knucklehead because the OP is deliberately missing the point. The point being the quid pro quo.

[stevenleser]

23. It's fun to watch people argue with folks on my ignore list. Good try jberryhill

Just seeing your side of the argument is hilarious!!!!

[rocktivity]

17. So Sestak-gate is just more Rethug hysteria?

It all depends upon exactly what Sestak said about the job offer, and when he said it. But so what if Obama offered him a job in hopes that he wouldn't run for the Senate? Why would that be illegal? He had a choice of whether or not to take it!

:shrug:
rocktivity

[jberryhill]

20. The president may offer an appointment to any qualified person at any time

Whether it has an incidental effect of furthering a political strategy is irrelevant.

Bush needed to shore up support in Pennsylvania, and appointed their governor secretary of DHS.

This is not rocket science, folks.

They are trying to make an "influence peddling" case out of the president's lawful appointment power.

It is silly.

[old mark]

28. Where is Biden's birth certificate? Now that I think of it, Where is mine? nt

[jberryhill]

29. This can only mean one thing...

You are Joe Biden

[old mark]

32. Does that mean I actually have to go to WORK!!!!????!!!11!!

OH NOES!!1111!!!

[jberryhill]

33. Get back up, Champ! /nt