DOJ’s Ofc of Legal Counsel: Matthew Whitaker’s Designation as Acting AG, Consistent w/Appointments Clause of Constitution

DOJ’s Ofc of Legal Counsel: Matthew Whitaker’s Designation as Acting AG, Consistent w/Appointments Clause of Constitution

Source: DOJ

A little while ago, an opinion written by the Department of Justice Office of Legal Counsel was issued in favor of President Donald J. Trump’s appointment of Matthew Whitaker as his acting attorney general.   In addition, for those who still don’t get it, the Office of Legal Counsel affirmed that President Trump is in his authority to appoint Whitaker as acting AG.

See below an excerpt followed by the 20-page opinion in its entirety.


“…This Office had previously advised that the President could designate a senior Department of Justice official, such as Mr. Whitaker, as Acting Attorney General, and this memorandum explains the basis for that conclusion.

Mr. Whitaker’s designation as Acting Attorney General accords with the plain terms of the Vacancies Reform Act, because he had been serving in the Department of Justice at a sufficiently senior pay level for over a year. See id. § 3345(a)(3). The Department’s organic statute provides that the Deputy Attorney General (or others) may be Acting Attorney General in the case of a vacancy. See 28 U.S.C. $ 508. But that statute does not displace the President’s authority to use the Vacancies Reform Act as an alternative. As we have previously recognized, the President may use the Vacancies Reform Act to depart from the succession order specified under section 508. See Authority of the President to Name an Acting Attorney General, 31 Op. O.L.C. 208 (2007) (“2007 Acting Attorney General”).

We also advised that Mr. Whitaker’s designation would be consistent with the Appointments Clause of the U.S. Constitution, which requires the President to obtain the Advice and Consent of the Senate” before appointing a principal officer of the United States. U.S. Const. art. II, § 2, cl. 2. Although an Attorney General is a principal officer requiring Senate confirmation, someone who temporarily performs his duties is not…”

Fox News by Brooke Singman, Jacob Gibson

…a senior Justice Department official said this week that when reviewing Whitaker’s appointment, the OLC had to research back to 1866 to find a similar instance where a non-Senate confirmed individual sat as acting attorney general. The Justice Department wasn’t created until 1870, though an attorney general existed prior to that.

The official told Fox News that the issue was “constitutionality” of the appointment.

“What we’re talking about here is constitutionality,” the official said. “VRA unquestionably gives the president the option to do it….”

Read full article

It is official. Adding to that, there is no reason for Acting AG, Whitaker to recuse himself from the Mueller probe.

If unable to view document above, you can view it here at the DOJ’s Office of Legal Counsel’s website in pdf format.

It is Wednesday, America.  What day is it? Hump Day. No Really, what day is it?  A great day to trigger Progressives and their pundits and comrades in the Communist media complex…and triggered they will be.



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