On Tuesday’s broadcast of the Fox News Channel’s “America’s Newsroom,” George Washington Law Professor and Fox News Contributor Jonathan Turley argued that there is “a compelling argument” against Acting Attorney General Matthew Whitaker’s appointment under the Appointments Clause.
Turley began by saying that statutory arguments against Whitaker “are quite weak.”
He added, “But having said that, I think there is a compelling argument to make under the Appointments Clause. You know, the Appointments Clause says that if you’re attorney general, if you want to exercise those powers, you need to be nominated and confirmed. It sort of makes it sort of silly that you have to go through all that, unless you just say someone’s acting.”
Turley continued that there are issues concerning whether members of the Senate have standing to bring their lawsuit. He also said that the constitutionality of an appointment like Whitaker’s hasn’t been adjudicated by the courts.
Follow Ian Hanchett on Twitter @IanHanchett