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The startling admission came in response to a federal judge’s hypothetical.

“Could the President decide that he wasn’t going to appoint or allow to remain in office any female heads of agencies or any heads over 40 years old?” Judge Karen Henderson, a Reagan appointee on the DC Circuit Court of Appeals, asked Dpty Asst AG Eric McArthur Tues in proceedings over the fired board members of two #independent agencies.

“I think that that would be within the President’s constitutional authority under the removal power…there would be separate questions about whether that would violate other provisions of the #Constitution,” McArthur said.

Judge Justin Walker, a #Trump appointee on the panel, swooped in to try to salvage the moment, saying to the #DOJ atty that he didn’t think “you would have to go there,”pointing to the protections of the #14thAmendment.

Darrin West

@Nonilex What a self-contradictory statement! How can something violate the constitution and still be within Presidential authority? The President doesn’t have the authority to violate the constitution. Any such act is not legal, and is therefore moot and can be ignored.

@obviousdwest Seriously, that whole "preserve, protect, and defend the Constitution" language in the oath of office never says "violate," and "violate" is not synonymous with those three verbs, either. DOJ's doublespeak has a Vietnam War spin to it: "To save the Constitution, we had to violate it."