Democratic Sens. Richard Blumenthal (CT), Mazie Hirono (HI), and Sheldon Whitehouse (RI) are suing over Donald Trump’s unlawful appointment of Matthew Whitaker as acting attorney general, citing the appointments clause of the Constitution:
“The U.S. Senate has not consented to Mr. Whitaker serving in any office within the federal government, let alone the highest office of the [Department of Justice],” the Democrats said.
“Indeed, before deciding whether to give their consent to Mr. Whitaker serving in such a role, Plaintiffs and other members of the Senate would have the opportunity to consider his espoused legal views, his affiliation with a company that is under criminal investigation for defrauding consumers, and his public comments criticizing and proposing to curtail ongoing DOJ investigations that implicate the President.”
Whitaker’s role is also being challenged in other lawsuits focused on immigration, guns, and the Affordable Care Act.