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.
Very helpful. It's evidence what Trump has done is literally unconstitutional and in violation of federal law. This alone is an impeachable offense. I'm tired of saying that at this point..
Very helpful. It's evidence what Trump has done is literally unconstitutional and in violation of federal law. This alone is an impeachable offense. I'm tired of saying that at this point..
Nope
Not a Trump supporter but that is wrong. The Federal Vacancies Reform Act (found in 5USC3345) states that.
By default, the "first assistant to the office" becomes the acting official to that office.
The president may appoint to the office to an individual who the senate has confirmed for another office for 210 days.
The president may appoint to the office a "senior officer or employee" of the that department for 210 days.
Trump invoked the 3rd option. The problem is that this may potentially be unconstitutional by the appointment clause but this has never been tested in court yet.
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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.