Pandora’s Box: Requesting new list of GECOM nominees a dangerous precedent

The request for a new list opens a pandora’s box and sets a dangerous precedent. There is now an expectation that if an obnoxious list is submitted by the Opposition Leader, an opportunity would be provided to submit a new list. This could lead to abuse by an Opposition Leader who may use the initial List to test the President and create confusion. Future denial of an opportunity to submit a new list would also cast the sitting President in a bad light. There is also the issue of when the President could invoke the authority to unilaterally appoint a Chairman. If he finds a second list unacceptable is he obligated to request a third?

In light of the political climate in the country, President Granger’s hesitance to invoke the power to unilaterally appoint a Chairman is commendable but his approach is imprudent. Instead of rejecting the List and requesting a new one, the President should have offered the Opposition Leader an opportunity to withdraw the list and submit a new one. The withdrawal would have forestalled the constitutional command to unilaterally appoint a Chairman by putting on hold, the rejection of the list. In this way Mr. Granger would have achieved the goal  of extending an olive branch and demonstrating good faith and awareness of the political sensitivity of the matter without acting in contravention of the Constitution. Failure by the Opposition Leader to accept the offer should have then resulted in a rejection of the List and unilateral action by the President.

The olive branch could have been a strategic play that puts the Opposition Leader on defense and keeps the focus on the quality of the list he submitted. It was an opportunity for the President to control the narrative. Instead, he is allowing his opponent to frame the issue and influence public opinion. The Opposition Leader has managed to shift atttention from the quality of the list submitted to the Constutionality of the  President’s action. His chief legal advocate, Anil  Nandlall, has pounced on this opportunity. The former Attorney-General is now making a presumptuous claim without any resistance from the Granger government. Here is what he is asserting in his own words:

“The Constitution speaks only to one list. A list of six names. A list of six names has been submitted, so the constitutional requirement in terms of a list has been met. What the President has rejected are the six names so six new names have to be supplied to be placed on that same list. For the purposes of the proviso which states that in the event that there is no list that the President can act, that Proviso cannot be triggered in this instance because there is a list:”- Anil Nandlall

Mr. Nandlall’s assertion that the President can only act unilaterally if NO list is submitted, is a very poor reading of the Constitution. The triggering condition for unilateral action by the President is failure to submit “a list as provided for“. What is provided for is not just a list of names but rather a list of “fit and proper” nominees, not unacceptable to the President. Nandlall is in La la Land dreaming that the Leader of the Opposition could keep providing names that are unacceptable and the President would be obligated to request new names. It would be prudent for him to advise his client to walk carefully on the olive branch extended to him. In a previous article I outlined why Mr. Nandlall, a fierce legal advocate, is  Dancing on Black Ice with his client.

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Vivian M. Williams is a New York State and Federal attorney who dedicates lots of attention to privacy and media law matters. For consultation on privacy and media law related matters call 212-561-5312 or email info@vivianwilliamspc.com  follow on twitter @ https://twitter.com/VMWLAW

You can read Mr. Williams’ other blog posts at http://vivianwilliamspc.com/legal-services-attorney-new-york-city-vivian-williams-pc/