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Halls of Shrewd'm / US Policy
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Author: lizgdal   😊 😞
Number: of 48466 
Subject: Re: Help Wanted: Constitutional Grammarian
Date: 11/21/2023 10:47 AM
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Is the President an officer of the United States?

"Citing the federal officer removal statute, President Trump filed a timely notice of removal in federal court."
https://casetext.com/case/kd-llc-v-trump-old-post-...

"In May, Seth Barrett Tillman and I discussed on Lawfare whether the President was an "Officer of the United States" for purposes of the federal officer removal statute. The New York District Attorney argued that Trump was not an "Officer of the United States." And Trump countered that he was an "Officer of the United States"-at least for purposes of the federal officer removal statute."
https://reason.com/volokh/2023/07/19/sdny-believes...

Section 1442 - Federal officers or agencies sued or prosecuted
(a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:
(1) The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.
https://casetext.com/statute/united-states-code/ti...

Occam's razor says the President is an officer. That's the simplest view.
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