Democratic Senators Sue Over Matthew Whitaker’s Appointment as AG

Democratic Senators Sue Over Matthew Whitaker’s Appointment as AG

Democratic Senators Sue Over Matthew Whitaker’s Appointment as AG

Whitaker took over supervision of Special Counsel Robert Mueller's investigation of Russia's role in the 2016 USA election after Trump appointed him on November 7 as the chief U.S. law enforcement official to replace Jeff Sessions, who the president removed.

Congressional Democrats have expressed concern that Whitaker, a Trump loyalist, could undermine or even fire Special Counsel Robert Mueller, whose investigation of Russia's role in the 2016 USA election has cast a cloud over Trump's presidency.

Three Democratic members of the Senate Judiciary Committee filed a lawsuit Monday challenging the appointment of Matthew Whitaker as acting attorney general, asking a federal court to stop him from leading the Justice Department.

At issue is whether Whitaker's appointment violates the Constitution's appointments clause, which requires "principal officers" of the United States who report directly to the president be appointed with the advice and consent of the Senate.

The Justice Department issued a statement Monday defending Whitaker's appointment as "lawful" and said it comports with the Appointments Clause, the Federal Vacancies Reform Act and legal precedent.

In a November 8 New York Times opinion article, Democratic lawyer Neal Katyal and George Conway, a conservative and husband of Trump advisor Kellyanne Conway, argued that it does, and called Whitaker's appointment under the FVRA unconstitutional.

Whitaker, U.S. Attorney for the Southern District of Iowa during the George W. Bush administration, vied for the GOP Senate nomination in Iowa in 2014 but lost to Sen.

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The senators' lawsuit cited Whitaker's criticism of Mueller's probe and his ties to World Patent Marketing, a company accused by the government of bilking millions of dollars from consumers.

Trump dismissed concerns about how Whitaker will deal with the Mueller investigation, but said that he, as president, would not intervene.

The complaint asks a judge to declare the appointment unconstitutional and to prevent him from serving as head of the Justice Department.

In an interview with Fox New on Sunday, Trump defended Whitaker, but avoided addressing his comments on the Mueller investigation. Miller identifies himself as a libertarian and has said he did not support Trump's candidacy, but he did accompany Stone to the 2016 Republican National Convention. A very respected person. "He's going to do what's right", the president said. With this new suit, those same questions about executive power will be heard in a federal court room.

This is not the only lawsuit against Whitaker's appointment.

In a series of tweets about the lawsuit this morning, Hirono said, "Donald Trump can not subvert the Constitution to protect himself and evade accountability".

"This Office previously had advised that the President could designate a senior Department of Justice Official, such as Mr. Whitaker as Acting Attorney General", the Office of Legal Counsel wrote, saying he's been at the DOJ "at a sufficiently senior pay level for over a year". Blumenthal argued in a statement that Whitaker must be confirmed by the Senate in order to lawfully serve as acting attorney general.

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