Trump Appointment Of New Justice Chief Called ‘Unlawful’

The state of Maryland asked a federal judge to block
Whitaker from acting on behalf of the department in an ongoing
court case on health care policy, arguing that he had not been
approved by the US Senate as required by law.

President Donald Trump’s appointment of Matthew Whitaker to lead
the US Department of Justice was called “unlawful” Tuesday in a
court challenge less than one week after he was named acting
attorney general.

The state of Maryland asked a federal judge to block Whitaker
from acting on behalf of the department in an ongoing court case on
health care policy, arguing that he had not been approved by the US
Senate as required by law.

But Maryland state Attorney General Brian Frosh made clear that
the challenge was also a political move against someone that
Democrats believe Trump chose to protect his presidency from the
Russia collusion investigation of Special Counsel Robert
Mueller.

“President Trump’s brazen attempt to flout the law and
constitution in bypassing Deputy US Attorney General Rosenstein in
favor of a partisan and unqualified staffer cannot stand,” Frosh
said in a statement.

Trump, he said, has chosen “an unqualified and unconfirmed
partisan to be the nation’s chief law enforcement officer in order
to protect himself rather than the rule of law.”

Frosh’s request for an injunction against Whitaker was the first
official challenge to his appointment last Wednesday to replace
fired attorney general Jeff Sessions.

The appointment has raised controversy because of Whitaker’s
limited experience and his record of vocal opposition to the
Mueller investigation, which he has now taken control of from
Rosenstein.

Maryland said the appointment violated a fundamental law
requiring the top government officials to be confirmed by the
Senate — which Rosenstein has been.

Legal experts have warned that Whitaker could jeopardize Justice
Department legal cases if his appointment is found to be
illegal.

“Whitaker’s appointment is unlawful,” the state said in a court
filing, saying it could damage Maryland’s ongoing health care case
against the government.

Whitaker had been Sessions’ chief of staff for a year, acting a
liaison to the White House as Trump’s relations with Sessions
became increasingly strained.

Before that, he was a federal prosecutor in Iowa who had lost
two races for political office and then a television and radio
commentator.

In that role last year he made repeated comments dismissing the
basis for the Mueller investigation and suggesting it be starved
for funds to shut it down.