Teh One Who Knocks
11-13-2018, 11:42 AM
By Lukas Mikelionis | Fox News
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President Trump’s new acting Attorney General Matthew Whitaker is facing questions of legitimacy, with the state of Maryland reportedly set to ask a federal judge for an injunction declaring his appointment illegal.
The state is likely to make an unpreceded move on Tuesday in a bid to block Whitaker from exercising the duties in the position, arguing that his appointment is not legitimate. The state will claim that deputy attorney general Rod Rosenstein is the rightful acting attorney general, the New York Times reported.
A draft filing of the motion obtained by the newspaper claims the president cannot “bypass the constitutional and statutory requirements for appointing someone to that office.”
Whitaker’s appointment has been under fire ever since it was announced last week, coinciding with the resignation of then-Attorney General Jeff Sessions.
Democrats questioned his qualifications and views on Special Counsel Robert Mueller’s investigation into the alleged collusion between Russia and the Trump campaign, as the head of the Department of Justice is also tasked with the supervision of the probe.
A number of lawmakers called upon Whitaker to recuse from the Russia probe, citing his criticism of the investigation.
Senate Minority leader Chuck Schumer also sent a letter asking why the White House decided to pick “unconfirmed political appointee” as acting top law enforcement official in the county rather than following the statute.
An Obama-appointed federal judge in Maryland, Ellen Hollander, will be ruling on who’s the legitimate acting attorney general as part of a lawsuit concerning the Affordable Care Act, or ObamaCare, which sued Sessions in his official capacity, the Times reported.
After Sessions resigned from his post, the judge must name his successor as a defendant in the litigation, essentially ruling who’s in charge of the DOJ.
The Trump administration defended Whitaker’s appointment by pointing out to the Federal Vacancies Reform Act, a 1998 statute that allows the president to temporarily fill a position that requires Senate confirmation with any official who’s been in the department for over 90 days.
Maryland will argue the statute applies only to routine positions, not positions such as the U.S. attorney general, and point out to another statute to that specifically says the deputy attorney general is next in line at the Justice Department.
https://imagizer.imageshack.com/v2/800x600q90/921/Zkiix3.jpg
President Trump’s new acting Attorney General Matthew Whitaker is facing questions of legitimacy, with the state of Maryland reportedly set to ask a federal judge for an injunction declaring his appointment illegal.
The state is likely to make an unpreceded move on Tuesday in a bid to block Whitaker from exercising the duties in the position, arguing that his appointment is not legitimate. The state will claim that deputy attorney general Rod Rosenstein is the rightful acting attorney general, the New York Times reported.
A draft filing of the motion obtained by the newspaper claims the president cannot “bypass the constitutional and statutory requirements for appointing someone to that office.”
Whitaker’s appointment has been under fire ever since it was announced last week, coinciding with the resignation of then-Attorney General Jeff Sessions.
Democrats questioned his qualifications and views on Special Counsel Robert Mueller’s investigation into the alleged collusion between Russia and the Trump campaign, as the head of the Department of Justice is also tasked with the supervision of the probe.
A number of lawmakers called upon Whitaker to recuse from the Russia probe, citing his criticism of the investigation.
Senate Minority leader Chuck Schumer also sent a letter asking why the White House decided to pick “unconfirmed political appointee” as acting top law enforcement official in the county rather than following the statute.
An Obama-appointed federal judge in Maryland, Ellen Hollander, will be ruling on who’s the legitimate acting attorney general as part of a lawsuit concerning the Affordable Care Act, or ObamaCare, which sued Sessions in his official capacity, the Times reported.
After Sessions resigned from his post, the judge must name his successor as a defendant in the litigation, essentially ruling who’s in charge of the DOJ.
The Trump administration defended Whitaker’s appointment by pointing out to the Federal Vacancies Reform Act, a 1998 statute that allows the president to temporarily fill a position that requires Senate confirmation with any official who’s been in the department for over 90 days.
Maryland will argue the statute applies only to routine positions, not positions such as the U.S. attorney general, and point out to another statute to that specifically says the deputy attorney general is next in line at the Justice Department.