Senate Democrats Sue To Block Matt Whitaker's Appointment

Members of the Senate Judiciary say Whitaker's appointment violates the Appointments Clause.

Acting Attorney General Matt Whitaker

Here’s what I don’t understand about Matt Whitaker’s appointment to “pretending” Attorney General. Why doesn’t Trump just nominate him and have him confirmed by the Republican Senate?

I mean, sure, the confirmation hearing for Whitaker will be contentious. Whitaker is under investigation for fraud. He’s made Anti-Semitic remarks. He’s already formed an opinion that the Mueller investigation needs to be stopped to protect Donald Trump. I can imagine Whitaker being a tough vote for at least a few Republican Senators.

But… I also just saw the Republican Senate confirm a Supreme Court justice who lied repeatedly under oath, refused to tell the truth about his previous employers, and was credibly accused by multiple women of sexual harassment or assault. Senate Republicans have shown no ability to stand up to Donald Trump, so why on Earth would they start now? Why would they stand up to him in a lame duck sessions when their grip on power is just going to be strengthen in the new Congress? These Republicans would vote for Whitaker. They’ll do anything Trump tells them to do.

So why doesn’t Trump make them? Why does he insist on proffering this Trump loyalist without Senate confirmation, when his lack of Senate confirmation is the only thing holding up his appointment? Trump is basically Commander Kruge from Star Trek: The Search For Spock.

America: You should have your cabinet officers Senate confirmed.
Klingon Commander Trump: No.
America: Why?
Klingon Commander Trump: BECAUSE YOU WISH IT!

In any event, Democrats on the Senate Judiciary Committee are now suing the Trump administration to block Whitaker’s appointment. From the Daily Beast:

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The suit, which is being filed by Sens. Richard Blumenthal (D-CT), Sheldon Whitehouse (D-RI), and Mazie K. Hirono (D-HI) in U.S. District Court for the District of Columbia, is the latest and most aggressive salvo against the Whitaker appointment…

“Installing Matthew Whitaker so flagrantly defies constitutional law that any viewer of Schoolhouse Rock would recognize it,” Blumenthal said in a statement. “President Trump is denying Senators our constitutional obligation and opportunity to do our job: scrutinizing the nomination of our nation’s top law enforcement official. The reason is simple: Whitaker would never pass the advice and consent test. In selecting a so-called “constitutional nobody” and thwarting every Senator’s constitutional duty, Trump leaves us no choice but to seek recourse through the courts.”

I don’t know if Blumenthal and the other Senators have standing to challenge Whitaker (thread here), but I also don’t know why any of this is happening, so what do I know.

Senate Democrats Sue To Block Matt Whitaker From Serving as Attorney General [Daily Beast]

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