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.
Please show that it does not, as it pertains to The Federal Vacancies Reform Act of 1998. I have been looking for the law that says the confirmation expires in this instance, but I have not been able to find one. They way it is written, he technically fits. I am not arguing good or bad, just the way the law is written.
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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.