Acting Attorney General Matthew Whitaker once argued that an American president had such broad executive power that they could order any federal investigation be stopped without obstructing justice.
Share Alex Lockie Nov 8th 2018 11:51AM President Donald Trump is reportedly considering former New Jersey Gov. Chris Christie to replace Jeff Sessions as his attorney general.CBS News reported that Christies name was in consideration on Thursday, a day after Sessions resigned on Wednesday and two days after the midterm elections.Christie is an experienced prosecutor who served as the US attorney for New Jersey for six years until 2008. He ran against Trump in 2016 for the Republican presidential nomination but later campaigned for him. President Donald Trump is reportedly considering former New Jersey Gov.Chris Christie to serve as head of the Justice Department after he asked Jeff Sessions to resign as attorney general.
In a 2017 interview on The David Webb Show, first reported by Mother Jones, Whitaker argued that, amid reports Trump had asked former FBI Director James Comey to drop an investigation into former national security adviser Michael Flynn, there was no case for obstruction of justice regardless of President Donald Trumps motives because the president is entitled to make such calls with his inherent authority.
The interview came shortly after Comey was fired by Trump and while Whitaker, then the head of a conservative nonprofit group, was a regular commentator on right-leaning media.
There is no case for obstruction of justice because the president has all the power of the executive and delegates that to people like the FBI director and the attorney general, Whitaker argued. The president could, and has in our nations history, said stop investigating this person or please investigate this other person.
The belief that Mueller will issue a report stems from the widely held view in the Department of Justice and the broader legal community that the indictment of a president in office is unconstitutional. A memorandum on the subject prepared by the Justice Departments Office of Legal Counsel in 2000 flatly declared, the indictment or criminal prosecution of a sitting president would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions. This consensus opinion, however, is not unanimous; a memorandum prepared by Kenneth Starrs independent counsel investigation in the 1990s took the opposite view.
He continued: This hyperventilation of what we see here is not sustainable based on these facts.
Whitaker has already come under fire for deeply critical views of special counsel Robert Muellers probe that hed made in the past. In an interview with CNN in 2017, he argued that the inquiry could be kneecapped if the attorney general just reduces his budget so low that the investigation grinds almost to a halt. In a separate editorial for CNN, he wrote that Muellers team had already gone too close to a red-line during the scope of the probe.
It is time for Rosenstein, who is the acting attorney general for the purposes of this investigation, to order Mueller to limit the scope of his investigation to the four corners of the order appointing him special counsel. Whitaker wrote. If he doesnt, then Muellers investigation will eventually start to look like a political fishing expedition.
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Some prominent legal scholars have already lambasted the choice of Whitaker, including George Conway, the husband of White House adviser Kellyanne Conway. In an op-ed for The New York Times on Thursday, George Conway argued that the appointment was unconstitutional and accused the president of seeking to evade requirements that an attorney general be confirmed by the Senate.
Back in July 2016, Christie was widely viewed as a contender for Trumps running mate, but Mike Pence got the job instead. Commenting on Trumps pick, Christie said he wanted to finish his term as New Jersey governor. Later, he was viewed as a likely pick for Trumps attorney general, but Sessions was given the job instead, leading to a cascade of “always the bridesmaid, never the bride” memes.
Schiff: Dems interested in Sessionss testimony about ouster in next Congress | TheHill
Its illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid, Conway wrote with former acting U.S. Solicitor General Neal K. Katyal.
Whitaker is legally allowed to serve as acting attorney general for no more than 210 days under the Vacancies Reform Act but could be in the post longer while another individuals nomination is pending, according to the Times.