Whitaker’s appointment as acting attorney general is unlawful, Maryland says
President Trump’s new acting Attorney General Matthew Whitaker is facing questions of legitimacy, with the state of Maryland reportedly set to ask a federal judge for an injunction declaring his appointment illegal.
The state is likely to make an unpreceded move on Tuesday in a bid to block Whitaker from exercising the duties in the position, arguing that his appointment is not legitimate. The state will claim that deputy attorney general Rod Rosenstein is the rightful acting attorney general, the New York Times reported....
But other legal scholars say Whitaker's appointment is legitimate. Former federal prosecutor and Fox News contributor Andrew McCarthy claims the Vacancies Act allows the president to temporarily fill a position that requires Senate confirmation with any official who’s been in the department for over 90 days.
Note how the DS is depending more and more on judges. Thos Jefferson warned of this, saying that the day could come when the Republic fails due to a tyranny of the judges.
***set to ask a federal judge for an injunction declaring his appointment illegal***
No sane judge would tell the Prez how to conduct his duties of office... we will see. {separation of powers}
***...will claim that deputy attorney general Rod Rosenstein is the rightful acting attorney general***
One of their grounds for disqualification (recusal due to prior statements) is laughable compared to the case for Rosenstein to recuse: he is a witness and an active participant in the matter under investigation that he is overseeing. How Rosenstein is allowed to continue in his role is a mystery - an outrage. . . . as much of a mystery as how ex-Prez. atty Michael Cohen can nullify Attorney - client privilege. His evidence of consultations is already being cited as grounds for impeachment by the '🐀s.