Trump broke the law with his attorney general appointment
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.