Matt Whitaker’s appointment may be illegal, says Fox News analyst Andrew Napolitano

November 9, 2018

Following his lightening-fast dismissal of Attorney General Jeff Sessions in the wake of the midterm elections, President Donald Trump’s appointment of Matthew Whitaker as acting attorney general may do his agenda and his reputation more harm than good: It may constitute obstruction of justice in the ongoing Russia investigation. And it also may be illegal, Andrew Napolitano, senior judicial analyst for Fox News, said on November 7, according to a report by the Huffington Post.

“Under the law, the person running the Department of Justice must have been approved by the United States Senate for some previous position. Even on an interim post,” Napolitano told Fox News’ Dana Perino, who hosts The Daily Briefing. 

Sessions was canned on Wednesday—in his resignation letter, he said he was leaving at the request of the president—and Napolitano said his interim replacement should have been Deputy Attorney General Rod Rosenstein.

While Whitaker was confirmed by the Senate in 2004 when he was appointed U.S. Attorney for the Southern District of Iowa, according to the HuffPost, Napolitano said that he was nevertheless ineligible to serve in his current post as the confirmation was not “for a leadership position in the Justice Department.”

“Who has been confirmed and who’s next in line? Deputy Attorney General Rosenstein,” Napolitano added.

Research contact: @davefbarden

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