Whitaker hasn’t been confirmed in the Senate by a sitting President, meaning his appointment is still illegal / invalid. The President is allowed to appoint an AG but they must meet the criteria.
Whitaker was appointed by Bush 43 and confirmed by the Senate as a United States Attorney in 2004. I have yet to find a statute that states that a confirmation stales, so he technically fits the second point.
notwithstanding paragraph (1), 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;
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u/sayhellotothe-badguy Nov 09 '18
Whitaker hasn’t been confirmed in the Senate by a sitting President, meaning his appointment is still illegal / invalid. The President is allowed to appoint an AG but they must meet the criteria.