"The short answer is that the designation of Matthew G. Whitaker as Acting Attorney General by the President following the resignation of Attorney General Jeff Sessions does not affect Appellant's argument that Special Counsel Mueller was required to be appointed by the President and confirmed by the Senate under the Appointments Clause as a principal officer", Miller's lawyer, Paul Kamenar, wrote. Richard Blumenthal of CT and Sheldon Whitehouse of Rhode Island, in the lawsuit, which argues that Whitaker's appointment violates the Constitution because he has not been confirmed by the Senate.
"Installing Matthew Whitaker so flagrantly defies constitutional law that any viewer of Schoolhouse Rock would recognize it. President Trump is denying Senators our constitutional obligation and opportunity to do our job: scrutinizing the nomination of our nation's top law enforcement official".
Justice Department spokeswoman Kerri Kupec, responding to another lawsuit challenging Whitaker's appointment that was filed on Friday, said in a statement on Monday that Whitaker's appointment "is lawful and comports with the Federal Vacancies Reform Act, the Appointments Clause of the U.S. Constitution, Supreme Court precedent, past Department of Justice opinions, and actions of U.S. Presidents, both Republican and Democrat".
He was chief of staff under Sessions and was made the head of the Department of Justice after Sessions stepped down on November 7. Mazie Hirono, filed a lawsuit today arguing that Acting Attorney General Matthew Whitaker's appointment is unconstitutional and asking a federal judge to remove him.
Whitaker, who has been critical of the Russian Federation investigation, is now overseeing it.
While the Justice Department has predictably defended Trump's appointment of Whitaker as legal, Sen.
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. "I think the appointment is unconstitutional", Schiff said.
Stone, who was a longtime informal political adviser to Trump, once described Miller as his "wingman" because he helped manage Stone's schedule, travel and media appearances, and also provided "some I.T. work".
"The biggest flaw, from my point of view, is that he was chosen for the objective 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. He's a very smart person.
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", the president said.