Acting Attorney General Matt Whitaker has no intention of recusing himself from overseeing the special counsel probe of Russian interference in the 2016 election, according to people close to him who added they do not believe he would approve any subpoena of President Trump as part of that investigation.
Was Trump appointment of Whitaker constitutional?
Not if you believe the Attorney General in a principal officer and therefore subject to Senate confirmation.
"Trump’s Appointment of the Acting Attorney General Is Unconstitutional"
Opinion | Trump’s Appointment of the Acting Attorney General Is Unconstitutional
"It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid."
The new york slimes says they dont like what Trump did? ROTFLMAO
You do realize that the republicans have the majority in the senate and anyone Trump chooses would be confirmed without hesitation? But that being said.....
You're wrong anyway.
The Vacancies Reform Act codified at
5 U.S. Code Section 3345(a)(2), which states: “notwithstanding [the default rule that the deputy becomes the acting], the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346.”
The statute is triggered when the current officeholder “dies, resigns, or is otherwise unable to perform the functions and duties of the office." So there you go, he resigned.
The president may appoint an acting AG for 210 days without approval from the senate. Since he was not fired, and resigned on his own, the Vacancies Reform Act clearly states what Trump is doing is legal.
If Trump Fires Sessions, He Can Take Three Very Different Approaches to Naming His Successor
Learn to not rely on the new york slimes.