It's a fascinating issue that revolves around the clear Constitutional requirement for the U.S. Attorney General to be confirmed by the Senate. The Federal statute regarding succession and the appointment of cabinet members in "acting" roles is almost certainly unconstitutional on this point.
What's interesting is that nobody outside the Senate really has the legal standing to challenge the appointment unless and until Whitaker starts to perform any "official" functions as AG. I suspect he will never perform any such functions at all. He probably won't hire or fire any senior DOJ officials, will not sign off on any Federal civil or criminal case as AG, etc.
Let's see how this plays out. I have an interesting theory about what this appointment was all about:
Whitaker was probably put there just to cut Rosenstein out of two processes: (1) oversight of the Mueller investigation; and (2) the DOJ stonewalling of Congressional demands for documents related to the illicit FISA warrants and the CIA/FBI interference in the 2016 election.
Herr Mueller is the most powerful US Attorney in the country and he wasn’t confirmed by the Senate.
I believe we have a winner in the opinion race. Trump is NOT stupid, whatever the LSM and their sheeple would want to believe.
You are wrong, also. See my post right above. Or just read:
https://www.nationalreview.com/2018/11/matthew-whittaker-jeff-sessions-replacement-excellent-choice/
And suddenly after 100 years it is an issue.
Because Trump.
Perhaps the nappy ho should pull the other one. It has bells on it.