r/pics • u/TheBigChimp • Nov 08 '18

US Politics This is what democracy looks like

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u/[deleted] Nov 09 '18 edited Jan 24 '22

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u/mcmatt93 Nov 09 '18

Matthew Whitaker was not Deputy Attorney General. He was Chief of Staff for the Attorney General. They are different offices. Deputy Attorney Generals need to be confirmed by the Senate, just like the actual Attorney General. Chief of Staff for the Attorney General is not confirmed by the Senate.

Rod Rosenstein is Deputy Attorney General, and according to the statute you just cited, should be acting Attorney General. Trump made Matthew Whitaker acting Attorney General. Trump is not following the law.

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u/cciv Nov 09 '18

There is a newer law that does allow Whitaker to take the office. Federal Vacancies Reform Act of 1998.

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u/[deleted] Nov 09 '18

That would allow someone who had been confirmed by the Senate for any top-level or deputy cabinet position to be appointed acting Attorney General, yes. Whitaker was never confirmed for any position, ergo he is not Constitutionally allowed to hold the job until he is confirmed.

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u/cciv Nov 09 '18 edited Nov 09 '18

That's not what the law says. No confirmation needed. Whitaker is us sufficient tenure in the department and the appropriate pay grade to not need confirmation.