Senate Dems discussing lawsuit challenging Whitaker appointment

[babylonsister]

https://thehill.com/homenews/senate/415978-senate-dems-discussing-lawsuit-challenging-whitaker-appointment

Senate Dems discussing lawsuit challenging Whitaker appointment
By Jordain Carney - 11/09/18 02:30 PM EST


Senate Democrats are privately mulling legal action to challenge President Trump's decision to appoint Matthew Whitaker as acting Attorney General.

A Democratic aide told The Hill discussions about a potential lawsuit, which would argue Whitaker’s appointment violated the Senate's "advise and consent" role, were in the "beginning stages" and were still being researched.

"We are actively thinking about what a possible legal challenge would look like in this case," the aide added.

The potential lawsuit, which was first reported by The Daily Beast, comes after Trump ousted Jeff Sessions as attorney general and appointed Whitaker, who was Sessions's chief of staff, to the role in an acting capacity.

Sen. Richard Blumenthal (D-Conn.) told The Daily Beast that it wasn't yet clear if senators could successfully bring a legal challenge but that they were studying "the array of legal flaws in the appointment and considering which of them are challengeable in court."

“We have been doing a deep dive on potential causes of action concerning the constitutional issues raised by the Whitaker appointment and also obvious obstacles that could be raised to any court initiative, not the least of them standing," Blumenthal told the publication.

Democrats, and some Republicans, raised concerns about the potential impact Whitaker could have on special counsel Robert Mueller's investigation into the 2016 election.

Deputy Attorney General Rod Rosenstein had been providing oversight of the probe but the Justice Department said this week that Whitaker would take over those responsibilities.

Senate Minority Leader Charles Schumer (D-N.Y.) sent a letter to Trump Friday wanting details on his legal reasoning for appointing Whitaker, arguing the move could violate the Appointments Clause of the Constitution by putting someone who had not been previously confirmed by the Senate into the Justice Department spot.

"Mr. Whitaker is a political appointee who is not serving in a Senate confirmed position in the Justice Department. I am not aware of any precedent for appointment of an official who has not been confirmed by the Senate to serve as acting Attorney General," Schumer wrote in the letter.

[Adrahil]

1. End the Discussion and SUE goddammit. NT

[Hermit-The-Prog]

9. amen

[bdamomma]

2. this POS rump

keeps crapping all over the Constitution.

Lock him up!!!

[Me.]

3. Stop Talking & Start Doing

[Fullduplexxx]

5. I agree quit telling us what you think youre gonna do and just fkg do it

[Me.]

7. ...

[Wintryjade]

4. This is interesting. Senate lawyer Harris. While we listen to our House go after his business/taxes

[Wintryjade]

6. Team Mueller is Holding 'Dozens of Sealed Indictments,' According to Intel Source

Then, I see this headline. So that is going after him legally three different ways. Strategically, this has possibilities. How do you address the rabid dog?

[poli-junkie]

8. Do you think Mueller has a sealed indictment on Whitaker?

I mean, given the fact that Whitaker has been the WH mole all this time, don't you think Mueller knows what Whitaker has been doing all this time??!!