Kellyanne Conway’s husband George Conway has struck again, this time calling out President Donald Trump’s unconstitutional appointment of Matthew Whitaker as the Acting Attorney General.
On Wednesday, Trump forced Attorney General Jeff Sessions to resign and immediately named Sessions’ chief of staff Whitaker to fill the post even though he has never been confirmed by the US. Senate.
And that’s a problem, because it means Trump has given control of the Justice Department to a mere staffer just because Whitaker is an opponent of the Russia investigation being conducted by Special Counsel Robert Mueller, undermining Deputy Attorney General Rod Rosenstein, who is rightfully next in line to be Acting Attorney General.
In an op-ed for the New York Times, Conway masterfully explains why Trump’s action violates the Constitution and blasts him for doing so.
“Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional,” Conway co-wrote with fellow attorney Neal Katyal. “It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.”
“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,” he continued.
Indeed, that provision is known as the Appointments Clause, which requires all principal officers be nominated by the president and confirmed by the Senate.
Whitaker was not nominated at all, nor has he been subjected to the confirmation process. Trump just installed him to the position like a tyrant who doesn’t give a damn about the Constitution.
As proof, Conway pointed out that the Supreme Court ruled against former President Obama’s appointment of a general counsel to the National Labor Relations Board, with Justice Clarence Thomas writing that the position requires nomination by the president and confirmation by the Senate.
It’s basically the exact same situation here, only worse because Trump is replacing the Attorney General, not the general counsel of the NLRB. And unless the conservative judges on the high court are all of a sudden going to go full hypocrite they’ll rule against Trump as well.
“We cannot tolerate such an evasion of the Constitution’s very explicit, textually precise design, the op-ed concluded. “Senate confirmation exists for a simple, and good, reason. 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…Mr. Whitaker’s installation makes a mockery of our Constitution and our founders’ ideals.”
Trump blatantly violated the Constitution by appointing Whitaker, so any decision he makes is null and void, especially those regarding the Russia investigation. This attempt to undermine Special Counsel Robert Mueller and Rod Rosenstein should be investigated as obstruction of justice.
Conway made a fine case against Trump here, and you can bet that Kellyanne Conway is going to hear all about it from Trump when he throws a fit about it.
Featured Image: YouTube screenshot