by Daveda Gruber:
The state of Maryland is set to ask a federal judge for an injunction declaring President Trump’s new acting Attorney General Matthew Whitaker’s appointment illegal.
On Tuesday the state is likely to make an unparalleled move in a bid to block Whitaker from exercising the duties in the position. It was argued that Whitaker’s appointment is not legitimate.
So who would take his place?
The state will claim that deputy attorney general Rod Rosenstein is the rightful acting attorney general.
A draft filing of the motion, obtained by the New York Times, claims the president cannot “bypass the constitutional and statutory requirements for appointing someone to that office.”
When then-Attorney General Jeff Sessions resigned, Whitaker was appointed and there were many who were angry; mostly Democrats.
Whitaker’s qualifications were questioned. Also on Democrat’s minds were his views on Special Counsel Robert Mueller’s investigation into the alleged collusion between Russia and the Trump campaign.
Democrats questioned his qualifications and views on Special Counsel Robert Mueller’s investigation into the alleged collusion between Russia and the Trump campaign. The head of the Department of Justice is also responsible for the supervision of the probe.
Many lawmakers demanded that Whitaker recuse himself from the Russia probe.
This brings to mind a reoccurring nightmare.
Senate Minority leader Chuck Schumer is also in the middle of all this. He sent a letter asking why the White House decided to pick an “unconfirmed political appointee” as acting top law enforcement official in the county rather than following the law as Schumer interprets it.
Other legal scholars disagree. They say that Whitaker’s appointment is legitimate.
The Vacancies Act allows the president to temporarily fill a position that requires Senate confirmation with any official who’s been in the department for over 90 days.
Whitaker joined the DOJ in October 2017 as Sessions’ chief of staff. He was appointed by President Trump as the acting United States Attorney General
The New York Times reported that Ellen Hollander, an Obama appointed federal judge in Maryland, will be ruling on who is the legitimate acting attorney general. This is part of a lawsuit the concerns the Affordable Care Act, or Obama-Care, which sued Sessions in his official capacity. the Times reported.
After Sessions resigned from his post, the judge must name his successor as a defendant in the litigation. This ruling basically tells who’s in charge of the DOJ.
The Trump administration defended Whitaker’s appointment. They also pointed to the Federal Vacancies Act.
Maryland will argue that the act applies only to routine positions. They will say it does not apply to positions such as the U.S. attorney general.
Maryland will also point out that the deputy attorney general is next in line at the Justice Department according to another statute.
Whitaker must scare the Democrats or they wouldn’t be trying so hard to get rid of him.