There has been some argument over whether President Trump violated the Vacancies Reform Act when he appointed Matt Whitaker acting attorney general, bypassing Senate-confirmed candidates and ignoring the Justice Department's statutory line of succession. But that's beside the point, argue prominent lawyers and Constitution defenders Neal Katyal and George Conway III in a New York Times op-ed published Thursday. Trump's installation of Whitaker "is unconstitutional," they argue. "It's illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid."
The constitutional issue involves Article II, Section 2, Clause 2, known as the Appointments Clause. "Under that provision, so-called principal officers of the United States must be nominated by the president and confirmed by the Senate under its 'Advice and Consent' powers," explain Katyal, an acting solicitor general under former President Barack Obama, and Conway, a prominent conservative lawyer most famous for being married to White House counselor Kellyanne Conway. "A principal officer must be confirmed by the Senate" and answers only to the president. They continue:
On CNN, Jake Tapper's panel looked at the legal arguments but took special interest in Conway's role and the concurrence of Fox News pundits. Watch below, and read the entire op-ed at The New York Times. Peter Weber
Continue reading for free
We hope you're enjoying The Week's refreshingly open-minded journalism.
Subscribed to The Week? Register your account with the same email as your subscription.