Federal judge: Acting* Bureau of Land Management Dir.* Pendley has served unlawfully for 400+ days

essentialsaltes

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A federal judge on Friday ordered acting Bureau of Land Management Director William Perry Pendley to step aside, blocking him from exercising any more authority after finding that he has served unlawfully for more than 400 days.

The judge gave both sides of the case 10 days to file briefs about which of Pendley's orders must be vacated.

"Pendley has served and continues to serve unlawfully as the Acting BLM Director," Morris wrote in his opinion. "His ascent to Acting BLM Director did not follow any of the permissible paths set forth by the U.S. Constitution or the (Federal Vacancies Reform Act). Pendley has not been nominated by the President and has not been confirmed by the Senate to serve as BLM Director."

Morris wrote that, by law, the position of Bureau of Land Management director is required to be confirmed by the Senate. The Trump administration argued that Pendley did not officially have the title of acting director, so the requirement does not apply.


If he's not the acting director, what's his title? Coffee boy? Why is he issuing orders? Under what authority? The king's?
 

Goonie

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A federal judge on Friday ordered acting Bureau of Land Management Director William Perry Pendley to step aside, blocking him from exercising any more authority after finding that he has served unlawfully for more than 400 days.

The judge gave both sides of the case 10 days to file briefs about which of Pendley's orders must be vacated.

"Pendley has served and continues to serve unlawfully as the Acting BLM Director," Morris wrote in his opinion. "His ascent to Acting BLM Director did not follow any of the permissible paths set forth by the U.S. Constitution or the (Federal Vacancies Reform Act). Pendley has not been nominated by the President and has not been confirmed by the Senate to serve as BLM Director."

Morris wrote that, by law, the position of Bureau of Land Management director is required to be confirmed by the Senate. The Trump administration argued that Pendley did not officially have the title of acting director, so the requirement does not apply.


If he's not the acting director, what's his title? Coffee boy? Why is he issuing orders? Under what authority? The king's?
And more importantly has he remembered to pay his Screen Actors Guild dues?
 
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DaisyDay

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If he's not the acting director, what's his title?
Trump Lackey. We have a rogue government.

probably interim... a holding place until someone can be confirmed...
Has anyone been nominated in these 400 plus days?

In the meanwhile there are people who could fill the position of "Acting Director".
 
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Aryeh Jay

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Trump Lackey. We have a rogue government.

Has anyone been nominated in these 400 plus days?

In the meanwhile there are people who could fill the position of "Acting Director".

We have the Best Government headed by the Best people that the Republican can round up. Think about that for a bit. God bless the Republicans and remember to vote Trump in 2020 and 2024. Keep the ball rolling!
 
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iluvatar5150

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Trump Lackey. We have a rogue government.

Has anyone been nominated in these 400 plus days?

In the meanwhile there are people who could fill the position of "Acting Director".

Seems to me that if Trump can get a supreme court justice nominated and confirmed inside a month, he could get a new BLM director inside a year.
 
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DaisyDay

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Seems to me that if Trump can get a supreme court justice nominated and confirmed inside a month, he could get a new BLM director inside a year.
Except it is McConnell and the conservative think tanks directing the judge nominations. The GOP has been studiously preparing for this for a long, long time.

The problem Donald has with directors and such is that they are supposed to be qualified to pass confirmation. I have no reason to believe that Donald is in the least bit interested in filling positions unless there is some benefit to himself.
 
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grasping the after wind

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Seems to me that if Trump can get a supreme court justice nominated and confirmed inside a month, he could get a new BLM director inside a year.

I would love to see a new BLM director! Better yet a new direction for BLM. One that doesn't include any riots.
 
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Speedwell

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I would love to see a new BLM director! Better yet a new direction for BLM. One that doesn't include any riots.
Or armed stand-offs with cattle grazers supported by right-wing militias.
 
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MIDutch

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To late. Just like all of the rest of trump's appointments, there was plenty of time for Pendley to damage the BLM from the inside.

Everyone thinks trump's MAGA slogan meant "make America great again", but it really meant Make America's Government AWOL.
 
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MIDutch

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Defund i.e. do away with with the Bureau of Land Management and the problem is solved.
True. Then the ranchers and mining and logging companies could move in and there wouldn't be any federal lands that need managing.
 
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Pommer

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Defund i.e. do away with with the Bureau of Land Management and the problem is solved.
They do do actual “needful things” there at BLM, so just hand those things to Betsy DeVos over at Education!?
 
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grasping the after wind

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True. Then the ranchers and mining and logging companies could move in and there wouldn't be any federal lands that need managing.

Not unless the federal government sells that land. There is a differenced between having a bureau filled with political patronage appointees and bureaucrats claiming to mange land that pretty much can take care of itself and giving that land away to companies. Not that ranching, mining and logging are somehow innately evil activities. How about returning that land to the states in which it is located. Let those states decide if a piece of wilderness needs managing or if it can remain as unmanaged as it was for the millions of years prior to the federal government appropriating it.
 
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grasping the after wind

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They do do actual “needful things” there at BLM, so just hand those things to Betsy DeVos over at Education!?

Because that department has f done such a bang up job of making US education the envy of the world? Defund them both. The bloated federal bureaucracy is mostly due to an unnecessary and counter productive political patronage system where Executive positions have been invented to secure more spoils for the political class. To get there the Feds have had to interfered in State matters such as education and land ownership, health , human services or pretend that a department is a solution to a problem that does not exist. The tenth amendment might as well not exist.
 
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MIDutch

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How about returning that land to the states in which it is located
Well, given that those lands never belonged to the states, "returning that land" to the states doesn't make much sense.
 
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