In an interview with The Daily Caller Wednesday, President Trump answered a question about whom he might pick to be his next attorney general by segueing from mention of Matthew Whitaker to calling the Mueller investigation "illegal."
THE DAILY CALLER: Sure. Could you tell us where your thinking is currently on the attorney general position? I know you’re happy with Matthew Whitaker, do you have any names? Chris Christie —
POTUS: Matthew Whitaker is a very respected man. He’s — and he’s, very importantly, he’s respected within DOJ. I heard he got a very good decision, I haven’t seen it. Kellyanne, did I hear that?
WHITE HOUSE ADVISER KELLYANNE CONWAY: 20 pages.
POTUS: A 20-page?
THE DAILY CALLER: It just came out right before this, sir.
POTUS: Well, I heard it was a very strong opinion. Uh, which is good. But [Whitaker] is just somebody that’s very respected.
I knew him only as he pertained, you know, as he was with Jeff Sessions. And, you know, look, as far as I’m concerned this is an investigation that should have never been brought. It should have never been had.
It’s something that should have never been brought. It’s an illegal investigation. And you know, it’s very interesting because when you talk about not Senate confirmed, well, Mueller’s not Senate confirmed.
THE DAILY CALLER: Right.
POTUS: He’s heading this whole big thing, he’s not Senate confirmed.
So anyway, I have a lot of respect for Matt Whitaker, based primarily on reputation. And I think he’s really — I think a lot of people are starting to come out very much in favor of him during this period of time.
THE DAILY CALLER: What about who will eventually replace him, sir?
POTUS: Well, I’m looking at a lot of people. I have been called by so many people wanting that job. We have some great people. In the meantime, I think Matt’s going to do a fantastic job.
As for that 20-page "decision," it was a DOJ memo arguing the president has the right to appoint Whitaker under the Vacancies Act, in spite of his lack of Senate confirmation.
Today, House Judiciary Committee Ranking Member Jerrold Nadler (D-NY), Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) and House Intelligence Committee Ranking Member Adam Schiff (D-CA) released a statement explaining why the DOJ's position is flawed.
From the press release:
“Rod Rosenstein, the deputy attorney general selected by President Trump, is in place, has been confirmed and is next in line. President Trump purposefully skipped him and every other individual who meets these conditions.
“Second, the Constitution requires that any principal officer must be confirmed by the Senate. OLC itself could uncover only one case in which an individual who wasn’t Senate confirmed ever served as acting attorney general, and that was for six days in 1866—the year after the Civil War ended, four years before the Justice Department’s founding and a century before the DOJ succession law was enacted.
“The reason for our government’s consistent practice with respect to the nation’s chief law enforcement officer since then is simple: For more than a century, the executive branch has understood, and Congress has agreed, that the attorney general, including one serving in an acting capacity, is a principal officer who must be nominated by the president and confirmed by the Senate.
“Finally, the context of Whitaker’s appointment is critical. The president, who under the Constitution must take care that laws are faithfully executed, is trying to use a convoluted legal argument to bypass Congress and embed a political operative to serve his own interests.
Senator Lindsey Graham (R-SC) said he met with Whitaker Thursday and does not see anything problematic with the acting AG's appointment.
“As to the Mueller investigation, I’m confident that it is not in jeopardy,” Graham said after meeting with Whitaker.
Graham said that Whitaker assured him that he doesn’t think that Mueller’s probe has breached any Justice Department guidelines.
“There’s no reason to fire him. I asked him, ‘Do you have any reason to [fire] Mr. Mueller? He said he has zero reason to believe anything is being done wrong with the Mueller investigation,” Graham said, recounting the conversation.
“There’s a regular-order process where the special counsel makes requests to the deputy attorney general and the attorney general. That’s the way the system works,” Graham said, explaining that Mueller has needed sign-off from senior Justice Department officials on various stages of his probe.
However, Whitaker would not have to fire Mueller to damage or end the investigation. As Whitaker himself suggested on CNN in 2017, starving the special counsel of money or resources could be enough to shut it down.
FULL TRANSCRIPT OF TRUMP’S OVAL OFFICE INTERVIEW WITH THE DAILY CALLER (Daily Caller)
Nadler, Feinstein, Schiff: White House OLC Opinion on Whitaker Appointment ‘Fatally Flawed’ (press release)
Graham says Whitaker assured him on fate of Mueller probe (The Hill)