administrations. here is congressman pete king. >> the department of justice, i feel put out a very reasoned statement, very reasoned analysis why the whitaker appointment is valid and does not require senate confirmation. so again, i think this is a side issue of being thrown out there by the democrats. >> also a senior outgoing house republican urged the white house to name a permanent attorney general very soon arguing it will mute the debate over whitaker. >> it's an open legal question. there are good arguments on both sides but he is the acting attorney general up to and including the time the supreme court says otherwise, i'm a lot more interested in who the next real attorney general is going to be. >> bill: whitaker gives a major public speech tomorrow at new york's joint terrorism task force and we'll look for any indicators there as to his position. >> sandra: thank you, catherine. >> bill: want to bring in jonathan turley the constitutional law professor at george washington university