“President Trump, acting under the Federal Vacancies Reform Act, has appointed Matthew Whitaker, formerly the chief of staff to Attorney General Jeff Sessions, to serve as acting attorney general. There has been widespread coverage of the potential ramifications of this appointment for the special counsel’s investigation,” Lawfare reports.
“But there are three lingering questions about this appointment that have not yet been answered in public: First, is the appointment constitutional? Second, does the president have authority to make an appointment under the FVRA when there is a confirmed deputy attorney general who can act under a specific statute governing Department of Justice succession (28 U.S.C. § 508)? And third, does the acting attorney general have any recusal obligations in relation to the special counsel’s investigation in light of his past statements and relationships?”Save to Favorites