DOJ Releases Lengthy Memo Justifying President Trump's Appointment of Whitaker as Acting Attorney General

The Department of Justice released a 20-page long opinion Wednesday morning detailing the legality of President Trump's appointment of former U.S. Attorney Matthew Whitaker as acting attorney general. The appointment came last week after Attorney General Jeff Sessions was asked to resign.  

According to attorneys at DOJ, Whitaker's appointment is valid and legal under the Vacancies Reform Act, the Appointments Clause and complies fully with the U.S. Constitution. 

"As we have previously recognized, the President may use the Vacancies Reform Act to depart from the succession order," the memo states. "We also advised that Mr. Whitaker's designation would be consistent with the Appointments Clause of the U.S. Constitution, which requires the President to obtain 'the Advice and Consent of the Senate' before appointing a principal officer of the United States. Although an Attorney General is a principal officer requiring Senate confirmation, someone who temporarily performs his duties is not. All three branches of government have long recognized, the President may designate an acting official to perform the duties of a vacant principal office, including a Cabinet office, even when acting official has not been confirmed by the Senate." 

The memo has been released by DOJ after legal questions arose when Deputy Attorney General Rod Rosenstein was not chosen to take over for Sessions. Whitikar was appointed by President Trump instead after serving as Sessions' chief-of-staff at the Department.

https://townhall.com/tipsheet/katiepavlich/2018/11/14/breaking-doj-releases-20page-opinion-justifying-whitikars-appointment-to-doj-n2535922

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Comment by William Stack on November 14, 2018 at 5:49pm

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