Senate Democrats are suing to have Acting Attorney General Matthew Whitaker removed
Some Senate Democrats are taking their grievances with Acting Attorney General Matthew Whitaker's appointment to court.
Sens. Richard Blumenthal (D-Conn.), Sheldon Whitehouse (D-R.I.), and Mazie Hirono (D-Hawaii) are filing a lawsuit against Whitaker and President Trump in U.S. District Court, The Daily Beast reported Monday. Their argument is that Trump violated the Appointments Clause of the Constitution when he named Whitaker the acting attorney general since he was not confirmed by the Senate. Prior to his appointment, Whitaker was former Attorney General Jeff Sessions' chief of staff, a job that didn't require Senate confirmation.
The constitutionality of Whitaker's appointment has been the subject of debate for this reason. Last week, the Justice Department's Office of Legal Counsel argued in a memo that Whitaker's appointment was constitutional and that while "presidents often choose acting principal officers from among Senate-confirmed officers ... the Constitution does not mandate that choice."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
This is not the first legal challenge Whitaker has faced, as the state of Maryland is also battling the appointment in court, arguing that Trump is trying to "bypass the constitutional and statutory requirements for appointing someone to that office." Trump has defended Whitaker's appointment by saying that Special Counsel Robert Mueller was not Senate-confirmed either, although this was not a requirement.
-
What is at stake for Starmer in ChinaToday’s Big Question The British PM will have to ‘play it tough’ to achieve ‘substantive’ outcomes, while China looks to draw Britain away from US influence
-
How the ‘British FBI’ will workThe Explainer New National Police Service to focus on fighting terrorism, fraud and organised crime, freeing up local forces to tackle everyday offences
-
The best family hotels in EuropeThe Week Recommends Top kid-friendly hotels with clubs, crèches and fun activities for children of all ages – and some downtime for the grown-ups
-
The billionaires’ wealth tax: a catastrophe for California?Talking Point Peter Thiel and Larry Page preparing to change state residency
-
Hegseth moves to demote Sen. Kelly over videospeed read Retired Navy fighter pilot Mark Kelly appeared in a video reminding military service members that they can ‘refuse illegal orders’
-
Trump says US ‘in charge’ of Venezuela after Maduro grabSpeed Read The American president claims the US will ‘run’ Venezuela for an unspecified amount of time, contradicting a statement from Secretary of State Marco Rubio
-
Bari Weiss’ ‘60 Minutes’ scandal is about more than one reportIN THE SPOTLIGHT By blocking an approved segment on a controversial prison holding US deportees in El Salvador, the editor-in-chief of CBS News has become the main story
-
CBS pulls ‘60 Minutes’ report on Trump deporteesSpeed Read An investigation into the deportations of Venezuelan migrants to El Salvador’s notorious prison was scrapped
-
Trump administration posts sliver of Epstein filesSpeed Read Many of the Justice Department documents were heavily redacted, though new photos of both Donald Trump and Bill Clinton emerged
-
Trump HHS moves to end care for trans youthSpeed Read The administration is making sweeping proposals that would eliminate gender-affirming care for Americans under age 18
-
Jack Smith tells House of ‘proof’ of Trump’s crimesSpeed Read President Donald Trump ‘engaged in a criminal scheme to overturn the results of the 2020 presidential election,’ hoarded classified documents and ‘repeatedly tried to obstruct justice’
