Some politicians and pundits have questioned the constitutionality of President Donald Trump’s appointment of Matthew Whitaker as acting attorney general this past Wednesday, in the wake of Jeff Sessions’ departure, citing the circumvention of the Senate’s advise-and-consent role.

New York Democrats Rep. Jerrold Nadler and Senate Minority Leader Chuck Schumer, as well as House Minority Leader Rep. Nancy Pelosi (D-Calif.) and others, have called for Whitaker to recuse himself from handling the Mueller investigation based on public comments Whitaker has made in the past about it.

Nadler’s role will soon include chairmanship of the House Judiciary Committee — affording him a position with considerable power.

Schumer announced that he, along with Pelosi and other fellow Democrats who are ranking members on their respective committees, was sending a letter to the chief ethics officer of the Justice Department, asking him to issue guidelines regarding Whitaker’s potential recusal from matters pertaining to the Mueller investigation.

If Whitaker does not recuse himself, Schumer said he would attach a demand for Whitaker’s non-interference to “must pass” legislation such as the spending bill — then risking another government shutdown.

As Schumer said on “State of the Union,” some senators — who may or may not have standing to bring such a suit — are pursuing legal action challenging Whitaker’s appointment. – READ MORE