attorney general, acting attorney general is senior government official or what is known as a principal officer. since the senate has not consented to mr. whitaker serving as an officer of the united states, his designation by the president violates the appointments clause. indeed, if allowed to stay, it would create a road map for the evasions of the constitutionally prescribed senate. last week, the justice department s office of legal counsel found that the constitutionality of whitaker s appointment is supported by supreme court precedent, acts of congress, as well the actions of past administrations, democrats and republicans. in this case, republicans are on the same page. the department of justice i thought put out recent analysis as to why the whitaker
senator jeff flake threatening to block judicial nominee until the senate can protect the investigation. katherine herridge has all the details. reporter: the 20 page legal opinion back donald trump s appointment of acting attorney general matt whitaker, relying on the federal vacancy reform act, the office of legal counsel found senate confirmation is not required if the appointment is temporary. the constitutionality of mister whitaker s designation is supported by supreme court precedent, acts of congress and countless examples of executive practice. under the justice farm in succession statute the acting attorney general s job, rod rosenstein who until recently oversaw the robert mueller probe. the office of legal counsel found the president may use vacancy reform act as an alternative which is recognized and used by presidents bush and obama. this turn to the impact on
legislation protecting the probe is brought to the senate. it complicates republican efforts for his nominee by the end of the european here is a senator flake from earlier today. the improper installation of an acting attorney general, who has not been subject to confirmation by this body, the president now has this investigation in his sights, and we all know it. of the justice department released a 20 page legal opinio opinion. relying on the federal vacancies reform act. the department of legal counsel, which provides legal guidance to the federal government, found senate confirmation is not required if the appointment is temporary. writing, the constitutionality of mr. whitaker s destination , by acts of congress in three different centuries. and by example of executor practice peered under the justice department s succession statutes come attorney general jeff sessions resigned, the acting position fell to his deputy, rod
judicial nominees, legislation protecting the probe for a full senate for the vote. this complicates republican efforts with with the president s nominees forward by the end of the year. the improper installation of an acting attorney general who has not been subject to confirmation by this body, the president has this investigation in his sites and we all know it. reporter: the justice department released a 20 page legal opinion backing donald trump s appointment of matt whitaker as attorney general. a key issue goes to senate confirmation. that the permit of legal counsel which provides legal guidance to the federal government found senate confirmation is not required if the appointment is temporary writing the constitutionality of mister whitaker s resignation is supported by supreme court precedent, by acts of congress in 3 different countries and executive practice. under the justice department succession statute after
qualifications. if i could pick one, he talks about disagreeing with the supreme court decision of madison versus woodbury, and it provides whether the judiciary can actually decide if acts of congress are constitutional or unconstitutional, and executive orders, for example, are constitutional or unconstitutional. matt whitaker doesn t think that s a good law. he wants to take it and drop it in front of the executive branch. that s not the way it works. making matt whitaker the attorney general is like making someone who doesn t believe in gravity the head of nasa. it wouldn t work well for anybody. so the governor s act will have to be pored over and over relative to this. gentlemen, thank you very much. the wildfires in california are spreading with fury.