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Democrats file lawsuit against Trump over Whitaker

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Acting Attorney General Matthew G. Whitaker
Acting
Attorney General Matthew G. Whitaker, gives brief remarks to
state and local law enforcement on efforts to combat violent
crime and the opioid crisis at the U.S. Courthouse Annex, on
November 14, 2018 in Des Moines, Iowa. Whitaker was appointed as
acting attorney general after previous attorney general Jeff
Sessions was forced out out of the job.


Steve
Pope/Getty Images



  • Several top Democratic senators on Monday
    filed a lawsuit against President Donald Trump
    in a federal
    court in Washington, DC, over the appointment of acting
    Attorney General Matthew Whitaker. 
  • The senators – Richard Blumenthal, Sheldon Whitehouse, and
    Mazie Hirono – alleged Trump violated the Constitution in his
    appointment of Whitaker, given the Senate was never consulted.
  • The senators said, “If allowed to stand, Mr. Whitaker’s
    appointment would create a road map for the evasion of the
    constitutionally prescribed Senate advice-and-consent role.”

Several top Democratic senators on Monday
filed a lawsuit against President Donald Trump
in a federal
court in Washington, DC, over the appointment of acting Attorney
General Matthew Whitaker. 

The senators – Richard Blumenthal, Sheldon Whitehouse, and Mazie
Hirono – alleged Trump violated the Constitution in his
appointment of Whitaker given the Senate was never consulted, and
have sued to block him from serving as acting attorney
general. 

Prior to being elevated by Trump to the role of acting attorney
general, Whitaker was chief of staff for former Attorney General
Jeff Sessions, which is a position that does not require the
advice and consent of the Senate. 

The senators who filed the lawsuit take issue with this, in the
sense Whitaker was effectively granted the powers of the office
of attorney general without Congress having any say in the
matter. 

“The constitutional requirement that principal federal Officers
be appointed only with the Senate’s ‘Advice and Consent’… was
adopted by our nation’s Founders as an important check on the
power of the President,” the lawsuit states. “The US Senate has
not consented to Mr. Whitaker serving in any office within the
federal government, let alone the highest office of the DOJ.”

The senators added, “If allowed to stand, Mr. Whitaker’s
appointment would create a road map for the evasion of the
constitutionally prescribed Senate advice-and-consent role.”

There are widespread concerns Trump only appointed Whitaker to
undermine special counsel Robert Mueller’s investigation into
Russian election interference. Whitaker has publicly criticized
the scope of the investigation, which Trump frequently refers to
as a “witch hunt.” 

Whitaker’s appointment came under controversial circumstances
given Sessions was asked by Trump to resign, and his departure
was announced just one day after the 2018 midterm elections.
Trump had long criticized Sessions for recusing himself from the
Russia investigation, but there
are now calls for Whitaker to recuse himself as well.


Read more:
In a ‘self-defeating and self-incriminating’ slipup, Trump just
indicated he installed Matthew Whitaker to kill the Russia
probe

In
a recent interview with The Daily Caller
, Trump appeared to
suggest he tapped Whitaker to be acting attorney general to kill
the probe into Russian election interference. 

“As far as I’m concerned, this is an investigation that should
have never been brought,” Trump told The Daily Caller. “It should
have never been had … It’s an illegal investigation.”

He then added: “And you know, it’s very interesting because when
you talk about not Senate confirmed, [the special counsel Robert
Mueller] is not Senate confirmed.”

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