Acting A.G. A-OK? Justice says, sure
The Justice Department says Matthew Whitaker’s appointment is legit. Democrats see it differently.
WASHINGTON — The Justice Department on Wednesday released an internal legal opinion supporting the legality of Matthew Whitaker’s appointment as acting attorney general as Democrats press the case that President Donald Trump violated the law and Constitution by making Whitaker the country’s chief law enforcement officer.
The 20-page opinion from the Office of Legal Counsel, which provides advice to executive branch agencies, aims to rebut mounting complaints that Trump illegally sidestepped procedure by appointing Whitaker over Deputy Attorney General Rod Rosenstein.
Rosenstein, the second-ranking Justice Department official, has been confirmed by the Senate. He had been overseeing special counsel Robert Mueller’s Russia investigation.
Whitaker had been chief of staff to now-ousted Attorney General Jeff Sessions — a job that didn’t require Senate confirmation. He became acting attorney general when Sessions was forced out Nov. 7 and was given oversight of Mueller’s inquiry.
Since then, the state of Maryland has challenged Whitaker’s appointment, arguing that the top Justice Department job must be held by a Senate-confirmed official such as Rosenstein. Congressional Democrats have called the appointment unconstitutional.
It was unclear whether the legal opinion would satisfy opponents of Whitaker’s appointment, but the document does provide by far the Justice Department’s most detailed defense of the selection.