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Politics : Formerly About Advanced Micro Devices

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To: Brumar89 who wrote (1098379)11/8/2018 8:36:52 AM
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Judge Anthony Napolitano says that assigning Matthew Whitaker as Acting AG is illegal

Frank Vyan Walton Wednesday November 07, 2018 · 10:15 PM GMT

dailykos.com

Today Fox’s not-quite-so-crazy on air Judge, Anthony Napolitano, stated that the selection of Jeff Session’s former chief of staff Matthew Whitaker as Acting AG may in fact be illegal because he was never confirmed by the Senate.

“Under the law, the person running the Department of Justice must have been approved by the United States Senate for some previous position. Even on an interim post,” Napolitano said.

Napolitano continued saying that next in line for the position is Deputy Attorney General Rod Rosenstein.

“[Whitaker] was not confirmed by the United States Senate for a leadership position at the Justice Department. The White House will have to work this out. Who has been confirmed and who’s next in line? Deputy attorney general Rosenstein,” he said.

Even if you disagree with Napolitano and feel that as a recess appointment Whitaker can at least serve until the beginning of the new Congress in January, he would still have a problem under the Presidential Vacancies Act to serve up to 210 days because now former AG Sessions specifically stated that he didn’t resign, he was asked to resign which means he was fired and the PVA doesn’t apply.

On top of this there is the issue that Mr. Whitaker has also repeatedly criticized the Mueller investigation indicating that his taking over control of that investigation from Rod Rosenstein — which has just occurred — may be a direct ethics violation under DOJ rules.

Napolitano also stated Whitaker himself, if he was put in this position specifically to interfere with Mueller, could himself become a target of Mueller’s investigation.
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