White Collar & Criminal Law News

Whitaker Appointment by Trump Is Legal, Justice Department Says

Nov. 14, 2018, 3:17 PM

The Justice Department issued a legal opinion Nov. 14 justifying President Donald Trump’s decision to bypass normal procedures and name Matthew Whitaker as acting attorney general.

The opinion from the department’s Office of Legal Counsel came after the state of Maryland asked a federal judge Nov. 13 to rule that Whitaker’s appointment wasn’t legitimate because he hasn’t been serving in a government position that was confirmed by the Senate.

The 20-page legal opinion disputed that argument, which has been advanced by Democrats in Congress and some legal experts.

“It is no doubt true that Presidents often choose acting principal officers...

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