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.
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.
Jeff Sessions resignation as attorney general on Wednesday sparked worries for the future of Muellers probe. Sessions vexed Trump by recusing himself from Muellers investigation in 2017, an act that Trump has berated him for throughout his presidency.
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.
Large Crowd Gathers Near Philadelphia City Hall In Support Of Protecting Mueller Investigation
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 former New York City mayor, who ran for the GOP presidential nomination in 2008, has known Mr. Trump for decades and currently serves as his personal lawyer. Prior to becoming mayor in 1993, Giuliani was the U.S. Attorney for the Southern District of New York, where he led numerous prosecutions of mafia figures.
He continued: This hyperventilation of what we see here is not sustainable based on these facts.
Jeff Sessionss Legacy Will Be Catastrophic for Asylum Seekers
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.
Daily visits for a month can earn you 3,520 points: Daily visits for 2 days: +15 Daily visits for 3 days: +25 Daily visits for 4 days: +50 Daily visits for 5 days: +80 Daily visits for 6 days: +150 Daily visits for 7 days (one week): +180 Daily visits for 8 days: +10 Daily visits for 9 days: +15 Daily visits for 10 days: +35 Daily visits for 11 days: +75 Daily visits for 12 days: +100 Daily visits for 13 days: +180 Daily visits for 14 days (two weeks): +400 Daily visits for 15 days: +15 Daily visits for 16 days: +25 Daily visits for 17 days: +50 Daily visits for 18 days: +80 Daily visits for 19 days: +100 Daily visits for 20 days: +150 Daily visits for 21 days (three weeks): +570 Daily visits for 22 days: +10 Daily visits for 23 days: +15 Daily visits for 24 days: +35 Daily visits for 25 days: +75 Daily visits for 26 days: +100 Daily visits for 27 days: +180 Daily visits for 28 days (one month): +800
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.
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.
Video: James Clapper: Why I think Trump picked Sessions replacement