If President Trump was trying to neuter Special Counsel Robert Mueller's investigation into his campaign and Russia when he appointed Matthew Whitaker acting attorney general, he may have been "too clever by half," conservative law professor John Yoo writes at The Atlantic. Whitaker "cannot legally hold the office," thanks to the Constitution's Appointments Clause, and it's very unlikely this Supreme Court will uphold the White House's legal argument that his appointment is valid.
Yoo expressed a famously expansive view of presidential powers in his defunct "torture memo." But even Yoo has argued that Trump occassionally exceeds his presidential powers, and the Whitaker appointment is one of those times. Whitaker can try to shut down the Mueller investigation, an idea he's publicly advocated, but it won't stick, Yoo explains:
"Trump critics should not find joy in such a result," Yoo cautioned, because "every action of the Justice Department might fall before challenges to Whitaker's appointment," including the prosecution of criminals. You can read Yoo's conservative legal case that Whitaker is an invalid attorney general, and his helpful suggestions for what Trump can and should do, at The Atlantic.
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