United States justice chief challenged in Supreme Court

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Sheldon Whitehouse

View Larger + Sheldon Whitehouse

A trio of Senate Democrats will file a lawsuit alleging that Matthew Whitaker's appointment as acting attorney general is unconstitutional, and as such Whitaker must be removed from the role President Donald Trump handed him on November 7, the Daily Beast reported.

"Installing Matthew Whitaker so flagrantly defies constitutional law that any viewer of Schoolhouse Rock would recognize it", Blumenthal said in a statement, according to the Daily Beast. "I think he's very well aware politically".

Pressed a second time on whether he would overrule Whitaker if he placed limits on Mueller's investigation, Trump responded, "I would not get involved". Mueller's team has questioned Stone's associates to try to determine if anyone in President Donald Trump's orbit had advanced knowledge of hacked Democratic emails leaked by WikiLeaks.

Whitaker, who will directly oversee the special counsel probe, has previously echoed Trump's criticism.

"The Constitution's Appointments Clause requires that the Senate confirm high-level federal government officials, including the Attorney General, before they exercise the duties of the office".

Many analysts believe Whitaker was chosen to protect Trump from the Russian Federation collusion investigation of Special Counsel Robert Mueller, who will now be under Whitaker's control.




Even though no challenge of Mueller's authority has up to now been successful, George Papadopoulos, the former Trump foreign policy advisor guilty of lying to the Federal Bureau of Investigation, recently revealed he was hopeful that Miller's appeal would be "successful", so that it would be shown that Mueller "lacked constitutional authority" to prosecute him in the first place. Sessions had recused himself from the investigation, which is being conducted by special counsel Robert Mueller. A Justice Department spokeswoman recently said Whitaker "is fully committed to following all appropriate processes and procedures at the Department of Justice". Miller and his lawyers are now urging the US appeals court in Washington, D.C., to reject the contempt finding, insisting Mueller's appointment was unconstitutional.

Whitaker, U.S. Attorney for the Southern District of Iowa during the George W. Bush administration, vied for the GOP Senate nomination in Iowa in 2014 but lost to Sen.

The Department of Justice's Office of Legal Counsel last week issued an opinion supporting Trump's appointment of Whitaker, saying it's consistent with the Federal Vacancies Reform Act (VRA) of 1998.

Before joining the Justice Department as Sessions's chief of staff more than a year ago, Whitaker attacked the Mueller investigation in commentary on television network CNN, saying a replacement attorney general, such as he is now, could cut funding to the probe so that it "grinds nearly to a halt". Mazie Hirono, filed a lawsuit today arguing that Acting Attorney General Matthew Whitaker's appointment is unconstitutional and asking a federal judge to remove him.

Earlier this month, a panel of three D.C. Circuit Court of Appeals judges presiding over the case heard opening arguments in the matter just 24 hours after President Donald Trump's dismissal of Attorney General Jeff Sessions.

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