Chicago Sun-Times

Trump broke the law with his attorney general appointmen­t

- Bill Becker, Roscoey

President Donald Trump illegally appointed Matthew Whitaker to replace ousted Attorney General Jeff Sessions, who had abruptly announced his forced resignatio­n the afternoon of that same day. Sessions stated in a letter that he was tendering his resignatio­n upon the request of Trump.

The appointmen­t of Whitaker as acting attorney general is a violation of the Federal Vacancies Reform Act of 1998. The FVRA applies in the following situations “If an officer of an Executive agency … whose appointmen­t to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office.” Sessions’ resignatio­n fulfills this requiremen­t.

The FVRA further states “the first assistant to the office of such officer shall perform the functions and duties of the office temporaril­y in an acting capacity.” Since Rod Rosenstein is the deputy attorney general or “first assistant,” he should have been made acting attorney general. This claim of illegality is further supported by Article 2, Section 2 of the Constituti­on which states that such appointmen­ts are “by and with the Advice and Consent of the Senate.” Whitaker was not confirmed by the Senate.

This presents a constituti­onal crisis. The president of the United States is not above the law and is subject to the Constituti­on, the supreme law of the land. Congress must act and challenge this appointmen­t. If Trump refuses to heed the advice of Congress, then they must take steps to ensure the constituti­onal process is followed.

I urge everyone, if you want to make sure the Constituti­on is followed, to contact your members of Congress and urge them to act.

 ?? AP FILE PHOTO ?? Matthew Whitaker
AP FILE PHOTO Matthew Whitaker

Newspapers in English

Newspapers from United States