The hosts on Fox & Friends had their minds blown Thursday morning when legal analyst Andrew Napolitano told them that Trump’s new attorney general, Matthew Whitaker, is not legally qualified to serve in that position.
On Wednesday Donald Trump fired Attorney General Jeff Sessions. And then he replaced him with a Trump loyalist who has publicly opined about shutting down the Mueller investigation by taking away their money.
It seems to be an obvious attempt by Trump, yet again, to obstruct the investigation. And this time it’s not just Democrats who are crying foul.
Thursday morning Fox legal analyst Andrew Napolitano told the hosts of Fox & Friends that Matthew Whitaker was not qualified to lead the Justice Department. As Nepolitano explained that Trump’s action to appoint him was plainly illegal, the Fox hosts seemed mind-blown.
“You’re saying the guy the president appointed is not qualified??” asked host Steve Doocy.
“Is not legally qualified,” Napolitano clarified.
“The president’s got lawyers!” Doocy replied incredulously. “They looked at that!”
Napolitano then tried to explain that there are only three ways that a person can legally become acting attorney general. He said that the person must either already be the deputy AG, already be Senate confirmed and working at the DOJ, or be appointed during a Senate recess. Napolitano pointed out that Whitaker doesn’t meet any of those requirements.
“He has chosen someone who, under the law, does not qualify to be acting attorney general,” he said.
“So he’s really not the attorney general?” a very confused Ainsley Earhardt asked.
“That’s correct,” Napolitano confirmed. “Which is why he did not take an oath of office.”
“They say that he already took an oath so he doesn’t have to take it again!” interjected host Brian Kilmeade.
“That’s a political response,” Napolitano shot back.
Fox’s Andrew Napolitano: Trump “has chosen someone who does not qualify under the law to be the Acting Attorney General of the United States.” pic.twitter.com/gFKQBDy0vg
— Bobby Lewis (@revrrlewis) November 8, 2018
And Napolitano isn’t the only Republican calling Trump’s appointment illegal.
Kellyanne Conway’s husband, George Conway, wrote a scathing piece in the New York Times on Thursday calling Trump’s appointment unconstitutional.
“The flaw in the appointment of Mr. Whitaker, who was Mr. Sessions’s chief of staff at the Justice Department, runs much deeper,” Conway wrote. “It defies one of the explicit checks and balances set out in the Constitution, a provision designed to protect us all against the centralization of government power.”
“We cannot tolerate such an evasion of the Constitution’s very explicit, textually precise design. Senate confirmation exists for a simple, and good, reason,” he said. “Constitutionally, Matthew Whitaker is a nobody. His job as Mr. Sessions’s chief of staff did not require Senate confirmation… For the president to install Mr. Whitaker as our chief law enforcement officer is to betray the entire structure of our charter document.”
Featured image via screengrab from video