Top law enforcer ‘treads’ lightly post appointment

Attention on immigration

WASHINGTON, Dec 16, (RTRS): Matthew Whitaker flew to Dallas last week to deliver his latest speech since US President Donald Trump installed him as acting attorney general, an appointment embroiled in criticism and court challenges.

In the aftermath of the blow-up, Whitaker’s public remarks in the last five weeks have been notable for what they lacked - any hint of controversy.

Whitaker’s speeches, which have to largely stuck to conventional subjects such as opioid crisis, reflect the inconspicuous approach adopted by the 49-year-old lawyer since Trump named him as the nation’s top law enforcement official.

So far, fears among some Democrats that Whitaker would interfere with an investigation into whether Trump’s presidential campaign colluded with Russia have not come to pass. He’s waded into few legal issues, and largely stayed the course set by his predecessor, ousted Attorney General Jeff Sessions.

Meanwhile, the initial criticism of his appointment, centered partly on his lack of credentials and questions about his conflicts of interest in the Russia probe, has turned into a constitutional fight.

There are at least nine cases questioning the legality of his appointment, many of which contend Trump violated the US Constitution by installing him without Senate confirmation. Two of those are slated for oral arguments this week in federal courts, while a third case was argued on Friday morning

Whitaker

Challenged

Those court fights appear to have limited Whitaker’s reach, experts say, since almost any action he takes could be challenged and put on hold.

“It’s quite possible, although we’ll never really know, that the controversies surrounding his appointment have had a chilling effect on Whitaker,” said George Conway, an attorney who is married to White House adviser Kellyanne Conway.

Conway is among those who believe the appointment violated the Constitution.

“One of the reasons he is not making any sudden moves is because of the question mark over him,” said Victoria Bassetti, a contributor with the Brennan Center for Justice, a judicial advocacy group at New York University.

“As long as these cases are pending, they are acting as sort of a guard rail,” she said. Whitaker declined an interview request. A Justice Department spokeswoman, Kerri Kupec, said in a statement that Whitaker has “worked tirelessly to maintain the momentum and achieve the priorities” of the department and cited examples including his meetings with US Attorneys offices and the creation of a Memphis Crime Gun Strike Force, among other things.

One of the few areas where Whitaker has sought to make policy during his brief tenure is immigration, where he singled out two cases in early December for special attention.

Since U.S. immigration courts fall under the Justice Department’s jurisdiction, the attorney general can intervene and help set precedents.

But the controversy surrounding Whitaker’s appointment could complicate the two cases he has selected to review.

One of them, called Matter of Castillo-Perez, turns on whether multiple drunk-driving convictions should disqualify an immigrant seeking relief from deportation proceedings. The other, known as the Matter of LEA, is focused on whether immigrants may seek asylum because their membership in a family is central to why they face persecution.

Bradley Jenkins, a lawyer with the Catholic Legal Immigration Network representing LEA, said he anticipates challenging Whitaker’s authority to review the case.

“We are certainly concerned at the aggressiveness with which this person, who was appointed via an unprecedented procedure, seems eager to exercise one of the powers of the office in an acting capacity,” Jenkins said.