DOJ issues legal opinion on Trump selection of Whitaker as Acting AG

by The Right Scoop

The DOJ has issued a legal opinion defending Trump’s selection of Matthew Whitaker as Acting AG, hitting back at criticism that the move was illegal:

The Justice Department pushed back on Wednesday against accusations that President Trump’s appointment of Matthew G. Whitaker as acting attorney general was illegal, arguing that it complied with both federal statutes and the Constitution and that it fit within a long history of similar designations.

In a 20-page memo to Mr. Trump’s top White House lawyer, Steven E. Engel, the head of the department’s Office of Legal Counsel, wrote that his office had verbally advised the White House that the president had lawful authority to designate someone like Mr. Whitaker as the acting successor to former Attorney General Jeff Sessions before he resigned under pressure last week.

“It is no doubt true that presidents often choose acting principal officers from among Senate-confirmed officers,” Mr. Engel wrote. “But the Constitution does not mandate that choice. Consistent with our prior opinion and with centuries of historical practice and precedents, we advised that the president’s designation of Mr. Whitaker as acting attorney general on temporary basis” did not require Senate confirmation.

The disclosure of Mr. Engel’s memorandum opinion came a day after the State of Maryland asked a Federal District Court judge to issue an injunction declaring that by law, when Mr. Trump ousted Mr. Sessions, the role of acting head of department passed to the deputy attorney general, Rod J. Rosenstein — and that Mr. Whitaker is not the legitimate holder of that position.

In short, they are saying that Trump has the full legal authority to appoint Whitaker. But regardless, I’m sure it will be tested in the courts.

Here’s the last paragraph of the legal opinion which summarizes it:

 
And below is the full 20-page legal opinion should you want to peruse it:

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