DOJ Releases Legal Opinion Defending Matthew Whitaker Serving as Acting A.G.

WASHINGTON, DC - AUGUST 29: Department of Justice Chief of Staff Matt Whitaker (R) participates in a round table event with the Joint Interagency Task Force - South (JIATF-S) foreign liaison officers at the Department of Justice Kennedy building August 29, 2018 in Washington, DC. Based in Key West, Florida, …
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The Justice Department released a legal opinion Wednesday outlining why Matthew Whitaker can legally serve as the interim Attorney General. President Donald Trump appointed Whitaker following the resignation of Attorney General Jeff Sessions last Wednesday. 

From The Wall Street Journal

The Justice Department argues Mr. Whitaker’s appointment was lawful under a statute called the Vacancies Reform Act, according to the 20-page opinion from the department’s Office of Legal Counsel, which offers advice to the executive branch but whose guidance doesn’t carry the force of law.

Department officials had previously advised the White House that Mr. Trump could designate Mr. Whitaker as acting attorney general, a senior Justice Department official said Wednesday.

“As all three branches of government have long recognized, the President may designate an acting official to perform the duties of a vacant principal office, including a Cabinet office, even when the acting official has not been confirmed by the Senate,” the department wrote in its opinion.

Read the rest of the article here.

Read Breitbart News’ Senior Legal Editor Ken Klukowski’s case for Whitaker’s appointment here.

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