Andrew Kent was quoted in an i24 News article about President Donald Trump’s appointment of Matthew Whitaker to lead the U.S. Department of Justice.
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.
The Maryland case involves apparently conflicting laws governing succession at the Justice Department.
“It’s a serious question and one that’s not clearly resolved by anything that the Supreme Court has said,” said Fordham University Law School Professor Andrew Kent.
“There could be many persons who could challenge it, for instance somebody who is criminally prosecuted under his authority … I think that they would have a good argument.”
“Maybe his whole holding of the office is constitutionally null and void.”