The lawsuit, filed in the US District Court for the District of Columbia by Senators Richard Blumenthal, Sheldon Whitehouse and Senator Mazie Hirono, is the most high-profile litigation so far to be brought challenging Whitaker's appointment.
"The constitutional requirement that principal federal officers be appointed only with the Senate's "advice and consent". was adopted by our nation's founders as an important check on the power of the president", they said.
Goldstein claims that Whitaker was illegally installed as the temporary successor of former attorney general Jeff Sessions, and that Rosenstein is the legal and constitutional successor to Sessions.
The appointment immediately caused confusion and consternation on Capitol Hill about who was now overseeing the Mueller investigation - Whitaker or the deputy attorney general, Rod Rosenstein - and whether Whitaker would be a threat to the inquiry.
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In 2017, Whitaker argued that a "conditional crisis" would erupt if the Mueller investigated President Trump's finances or those close to him. The move comes after the Justice Department's Office of Legal Counsel released a legal opinion defending the appointment. "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".
Special counsel Robert Mueller said in court filings Monday that the recent leadership shake-up at the Justice Department had not changed anything in the legal fight over his authority. Whitaker's elevation to acting attorney general has allowed him to assume oversight of the probe. The designation is consistent with an opinion the department issued in 2003 and with "two centuries of practice".
The ascension of Matthew Whitaker to acting attorney general "neither alters the Special Counsel's authority to represent the United States nor raises any jurisdictional issue", the Mueller team said in the filing. "I think the appointment is unconstitutional", Schiff said. I think he's astute politically. Miller identifies himself as a libertarian and has said he did not support Trump's candidacy, but he did accompany Stone to the 2016 Republican National Convention.
"The biggest flaw, from my point of view, is that he was chosen for the goal of interfering with the Mueller investigation", Rep. Adam Schiff (D-Calif.), the soon-to-be chair of the House Intelligence Committee when the new Congress is sworn in in January, said Sunday on ABC's This Week.
Throughout the almost 30-minute interview, which aired on Sunday, Trump made a series of statements that require fact-checking or additional context. He's going to do what's right.