Judge Nap: Whitaker Not 'Legally Qualified' to Be Acting Attorney General
Trump chose Whitaker to replace Sessions.
Fox News Insider
Judge Andrew Napolitano on Fox & Friends
November 8, 2018 at 12:04 p.m.
Fox News senior judicial analyst Judge Andrew Napolitano appeared on "Fox & Friends" Thursday to explain why President Trump's pick for acting attorney general after Jeff Sessions' resignation is professionally but not legally qualified for the role.
Following Sessions' abrupt resignation on Wednesday, President Trump tweeted that Matthew Whitaker, chief of staff to Sessions, will become the acting attorney general.
Whitaker, according to sources, is now overseeing everything at the Justice Department, including the Russia investigation -- despite calls from Democrats to recuse himself. Trump said a permanent replacement will be nominated at a later date.
Napolitano said Whitaker, however, is not legally qualified for the role of acting attorney general because of "very precise laws" written by Congress in the wake of the Watergate scandal.
He said there are only three ways someone can become acting attorney general: if they are the deputy attorney general and the president signs an executive order to make them acting attorney general, if they are already at the Justice Department in a job that both required and received Senate confirmation or if the Senate in in recess, they can be a recess appointment.
He said none of those apply in this case, as Whitaker is not deputy attorney general, he did not receive Senate confirmation for his current role at the DOJ and the Senate is not in recess.
"So with deference and respect to what the president's trying to do -- he has every right to want whoever he wants to run the Justice Department -- he has chosen someone who does not qualify under the law to be the acting attorney general of the United States," Napolitano said.
#1: nolu chan To: All (#0)
https://www gpo gov/fdsys/pkg/USCODE-2000-title5/html/USCODE-2000-title5-partIII-subpartB-chap33-subchapIII htm
5 U.S.C. §3345, Acting officer
Michael Whittaker had been AG Sessions' Chief of Staff since September 22, 2017.
The starting level for GS-15 is $134,789.00 per year.
https://www.justice.gov/legal-careers/attorney-salaries-promotions-and-benefits
nolu chan posted on 2018-11-08 22:31:16 Reply Private Reply
#2: Hondo68 To: nolu chan, Fired, LBJ, Watergate, Nixon, Rule of Law, Not a Crook? (#1)
Judge Nap: Whitaker Not 'Legally Qualified' to Be Acting Attorney General
Hondo68 posted on 2018-11-09 00:22:03 Reply Private Reply
#3: Willie Green To: nolu chan (#1)
Baloney.... it was INVOLUNTARY:
In other words, he was TOLD to "resign"...
And anybody with half a brain knows this actually means that he was FIRED...
Willie Green posted on 2018-11-09 11:29:04 Reply Private Reply
#4: nolu chan To: Willie Green (#3)
If one is REQUESTED to do something, has the ability to refuse, and does it anyway, that is NOT INVOLUNTARY.
A RESIGNATION does not spin into a FIRING.
nolu chan posted on 2018-11-09 22:38:50 Reply Private Reply
#5: GrandIsland To: Willie Green (#3)
GrandIsland posted on 2018-11-10 07:43:12 Reply Private Reply
#6: A K A Stone To: Willie Green (#3)
A K A Stone posted on 2018-11-10 08:44:18 Reply Private Reply
#7: Deckard To: A K A Stone (#6)
Deckard posted on 2018-11-10 12:39:52 Reply Private Reply
#8: GrandIsland To: Deckard (#7)
GrandIsland posted on 2018-11-10 12:52:37 Reply Private Reply
#9: Deckard To: GrandIsland (#8)
Deckard posted on 2018-11-10 15:49:55 Reply Private Reply
#10: Hondo68 To: A K A Stone, Willie Green, Deckard, Donnells lawyer (#6)
Might as well go full retard and appoint America's Mayor, the Iranian Student, Ruby
Hondo68 posted on 2018-11-10 18:34:12 Reply Private Reply
#11: Willie Green To: A K A Stone (#6)
Whitaker is a dumbass fraud who'll wind up as Trump's sacrificial scapegoat (I'll be laughing my ass off as Rudy Giulliani stabs him in the back) Whitaker will wind up behind bars longer than John Mitchell...
Willie Green posted on 2018-11-11 09:43:09 Reply Private Reply
#12: A K A Stone To: Willie Green (#11)
He is coming for anyone that voted for democrats because they are murderers by definition.
Definition Democrat- A murderer of innocent children. A person who is attracted to someone of their same sex. A thief that wants to live off of someone else's labor. An anti christian bigot who hates God and morals. Someone who cuts off or has someone cut off their penis because they are mentally ill and do not know their sex.
A K A Stone posted on 2018-11-11 11:24:00 Reply Private Reply