Covers Only Constitutional Questions – Not the Ethics Issues
The Dept. of Justice’s Office of Legal Counsel has just issued an opinion allowing former CNN commentator Matthew Whitaker to serve as Acting Attorney General. That opinion covers only the constitutionality of installing Whitaker as Acting AG, and does not explore the ethical issues surrounding his appointment, nor the ethical issues involving his background.
Fox News reports the Office of Legal Counsel “said that the president’s appointment of Whitaker to replace former Attorney General Jeff Sessions was consistent with the Federal Vacancies Reform Act (VRA) of 1998.”
CNBC adds that the OLC’s opinion was drafted “before Trump appointed him to that post.”
But even former Bush 43 highly-controversial Deputy Assistant Attorney General John Yoo penned an op-ed titled, “Whitaker’s Appointment Is Unconstitutional.”
Whitaker has a history as a CNN commentator, appearing on the cable news channel in his role as a former U.S. Attorney. During those segments he frequently criticized and denounced Special Counsel Robert Mueller’s Russia probe. He also penned a CNN op-ed titled, “Mueller’s Investigation of Trump is Going Too Far.” He also has called the Mueller investigation a “lynch mob.”