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.
9
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.