» Subscribe Today!
More of what you want to know.
The Daily News
X

Forgot your password?
Skip Navigation LinksHome >
VOL. 124 | NO. 100 | Friday, May 22, 2009

Justice Department Moves to Dismiss Clinton Suit

NEDRA PICKLER | Associated Press Writer

Print | Front Page | Email this story | Comments ()

WASHINGTON (AP) - The Justice Department is asking a judge to dismiss a lawsuit that argues that Hillary Rodham Clinton cannot legally serve as secretary of state.

The suit filed by conservative watchdog group Judicial Watch is based on an obscure section of the Constitution called the emoluments clause. It says no member of Congress can be appointed to a government post if the pay was increased during the lawmaker's current term.

Clinton was a senator when the secretary of state's salary was raised to $191,300. Congress lowered the salary back to $186,600 so she could take the post.

The department says that remedy has been used so several other members of Congress from both parties could serve in the Cabinet. The department says the lawsuit, which calls for Clinton's removal from office, has no merit.

Judicial Watch, which has pursued several suits against Clinton and other officials over the years, filed the suit on behalf of State Department employee David Rodearmel. It says Rodearmel would violate the oath he took as a foreign service officer in 1991 to "support and defend" and "bear true faith and allegiance" to the Constitution by working for Clinton.

The Justice Department says Rodearmel does not have the legal right to sue because he has not been personally harmed by Clinton taking the position.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Sign-Up For Our Free Email Edition
Get the news first with our daily email


 
Blog Get more from The Daily News
Blog News, Training & Events
RECORD TOTALS DAY WEEK YEAR
PROPERTY SALES 109 433 13,330
MORTGAGES 114 591 17,349
FORECLOSURE NOTICES 11 93 3,391
BUILDING PERMITS 0 366 30,930
BANKRUPTCIES 76 352 12,695
BUSINESS LICENSES 21 108 4,597
UTILITY CONNECTIONS 77 564 19,457
MARRIAGE LICENSES 29 151 4,060

Weekly Edition

Issues | About

The Memphis News: Business, politics, and the public interest.