Democrats are making their move on Donald Trump.
Now that they’ve won control of the House of Representatives, they are putting the pieces in place to remove Trump from office.
And they just filed the one lawsuit that could lead to his impeachment.
Senate Democrats Sue Over Whitaker Appointment
Three Democrat Senators – Richard Blumenthal of Connecticut, Sheldon Whitehouse of Rhode Island, and Mazie Hirono of Hawaii – filed suit claiming that Trump appointing Matt Whitaker as acting attorney general is unconstitutional.
“Installing Matthew Whitaker so flagrantly defies constitutional law that any viewer of School House Rock would recognize it. Americans prize a system of checks and balances, which President Trump’s dictatorial appointment betrays,” Blumenthal stated.
He added that the Senate would never confirm Whitaker because, “Whitaker would never pass the advice-and-consent test.”
Their lawsuit argued that Whitaker’s appointment violates the Appointments Clause:
“Because the Senate has not consented to Mr. Whitaker serving as an Officer of the United States, his designation by the President to perform the functions and duties of the Attorney General violates the Appointments Clause. See NLRB v. SW Gen., Inc., 137 S. Ct. 929, 946 (2017) (Thomas, J., concurring) (“Appointing principal officers under the FVRA . . . raises grave constitutional concerns because the Appointments Clause forbids the President to appoint principal officers without the advice and consent of the Senate.”). Indeed, if allowed to stand, Mr. Whitaker’s appointment would create a road map for the evasion of the constitutionally prescribed Senate advice-and-consent role.”
They also argue that because Deputy Attorney General Rod Rosenstein is in place, Whitaker’s appointment is unlawful.
The suit argues, “Moreover, because the DOJ succession statute provides that if the Attorney General’s office is vacant the Deputy Attorney General “may exercise all the duties of that office,” 28 U.S.C. § 508(a), and the position of Deputy Attorney General is currently filled, Mr. Whitaker’s appointment also violates that provision of federal law. While President Trump has cited the FVRA in designating Mr. Whitaker to serve as Acting Attorney General, that statute does not apply here because of the DOJ succession statute.”
Why The Democrats Are Targeting Whitaker
Senate Minority Leader Chuck Schumer praised the lawsuit.
He released a statement that read, “Putting aside Mr. Whitaker’s many conflicts of interest and history of hostile comments toward the special counsel’s investigation, his appointment as acting AG is in direct violation of the Constitution’s Appointments Clause and should concern every American – regardless of party affiliation – who cares about the rule of law and justice in our country.”
Democrats are going after Whitaker for one reason – they are terrified he will shut down Robert Mueller’s rigged witch hunt.
Whitaker ripped Mueller’s investigation when he was a legal commentator on cable news and in op-eds published by major newspapers.
Democrats know the Mueller probe is their best chance to complete their coup and overthrow Trump.
And they are determined to eliminate any threat to Mueller’s attempt to frame President Trump for impeachment.
We will keep you up to date on any new developments in this ongoing story.
