Posts tagged with "Acting AG Matthew Whitaker"

Democrats file suit impugning Whitaker appointment

November 20, 2018

Three Democratic senators filed a lawsuit on November 19 in the U.S. District Court for the District of Columbia challenging the appointment of Acting Attorney General Matt Whitaker, and in doing so, ratcheting up the court effort to declare his placement atop the Justice Department as unconstitutional, CNN reported.

Senators Richard Blumenthal of Connecticut, Sheldon Whitehouse of Rhode Island and Mazie Hirono of Hawaii filed the suit, represented by the groups Protect Democracy and the Constitutional Accountability Center.

The lawsuit is only the latest challenge to Whitaker’s appointment to replace former AG Jeff Sessions after President Donald Trump fired his attorney general the day after the election.

In a joint statement, the senators said, “On November 7, President Trump appointed Whitaker to oversee the Department of Justice–including the Special Counsel’s investigation—in violation of the Constitution’s Appointments Clause. The Senators’ complaint asks the Court to declare Whitaker’s appointment unconstitutional and to enjoin him from serving as, or carrying out the duties of, Acting Attorney General.”

Senator Blumenthal personally commented, “Installing Matthew Whitaker so flagrantly defies constitutional law that any viewer of School House Rock would recognize it. Americans prize a system of checks and balances, which President Trump’s dictatorial appointment betrays.”

He said. “President Trump is denying Senators our constitutional obligation and opportunity to do our job: scrutinizing the nomination of our nation’s top law enforcement official. The reason is simple: Whitaker would never pass the advice and consent test. In selecting a so-called “constitutional nobody” and thwarting every Senator’s constitutional duty, Trump leaves us no choice but to seek recourse through the courts.”

For his part, Senator Whitehouse noted, The stakes are too high to allow the president to install an unconfirmed lackey to lead the Department of Justice – a lackey whose stated purpose, apparently, is undermining a major investigation into the president.  Unless the courts intercede, this troubling move creates a plain road map for persistent and deliberate evasion by the executive branch of the Senate’s constitutionally mandated advice and consent.  Indeed, this appointment appears planned to accomplish that goal.”

Senator Hirono, an outspoken opponent of the administration, stated, “Donald Trump cannot subvert the Constitution to protect himself and evade accountability. We want the court to make clear that the Senate must confirm Matthew Whitaker’s appointment as Acting Attorney General—otherwise this temporary appointment violates the Constitution’s Appointments Clause. Without exception for President Trump’s allies, principal officers who report directly to the president must be subject to a hearing and confirmed by the Senate.”

Last week, the Justice Department issued a memo defending Whitaker’s appointment, concluding that it was legally justified under the Vacancies Reform Act.

The Senate Democrats’ lawsuit, however, argues that his appointment his unconstitutional under the Constitution’s Appointments Clause requiring Senate confirmation of high-level federal appointees, CNN reported.

In addition to the lawsuit filed Monday, Maryland Attorney General Brian Frosh filed suit last week asking a federal judge to replace Whitaker with Deputy Attorney General Rod Rosenstein.

Research contact: @jeremyherb

Standoff on Special Counsel Act persists between Flake and McConnell

November  19, 2018

Senator Jeff Flake (R-Arizona)—who is leaving the U.S. Congress in December, but flirting with a primary run against President Trump in 2020—has everything to win and little to lose. Last week, he pushed that advantage by taking to the Senate floor with across-the-aisle colleague Senator Chris Coons (D-Delaware.) in an attempt to secure immediate passage of S. 2644, the Special Counsel Independence and Integrity Act.

The bill, which passed the Senate Judiciary Committee in April by a bipartisan vote of 14-7, once again was blocked by Majority Leader Mitch McConnell (R-Kentucky), who continues to say that the legislation to protect Special Counsel Robert Mueller’s Russia investigation is not necessary because the probe is not under pressure.

However, following the president’s removal of Attorney General Jeff Sessions one day after the midterm elections—and subsequent appointment of Acting Attorney General Matthew Whitaker, a White House acolyte—Flake asserted, “The president now has this investigation in his sights and we all know it.”

And he backed that assertion with two threats: One further note on this unanimous consent request: because it has failed today, Senator Coons and I are prepared to raise it again and again, until there is a vote on this vital bipartisan legislation on the Senate floor. And I have informed the Majority Leader that I will not vote to advance any of the 21 judicial nominees pending in the Judiciary Committee, or vote to confirm the 32 judges awaiting a confirmation vote on the floor, until S. 2644 is brought to the full Senate for a vote.”

At a closed-door lunch on the following day, November 15, both Flake and McConnell were equally implacable. “It’s a standoff,” said a Republican senator who attended the lunch, in an interview with The Hill.

According to the political news outlet, McConnell argued at the lunch meeting that the legislation would chew up precious floor time during the lame-duck session and leave less time for must-pass bills such as the unfinished spending bills and the farm bill, according to sources familiar with the conversation.

Flake, who is retiring at the end of this Congress, didn’t buy that argument. Flake argued that the bill could be dealt with in a day as long as other members of the GOP conference didn’t object to it and force McConnell to waste time getting through a filibuster.

Some Republican senators floated the compromise of crafting some kind of non-binding resolution that would express support for protecting Mueller and future special counsels from unjustified dismissal. But Flake rejected that option, too, The Hill reported.

Asked Thursday if fellow GOP senators are unhappy with his hardball approach to getting a vote, Flake said, “That’s a safe assumption.”

Meanwhile, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) held over 15 judicial nominees at a committee business meeting Thursday after Flake declared he would block them. Speaking to reporters afterward, Grassley said he didn’t think he could move any more nominees without Flake’s support, unless he can convince Democrats on the panel to vote with him.

As the impasse continued, a new Rasmussen Reports national telephone and online survey found that 40% of likely U.S. voters believe Mueller’s investigation should be closed. Fifty-one percent (51%) think the probe of Russian collusion in the 2016 presidential election should continue.

Research contact: @alexanderbolton