After Jeff Sessions stepped down as the U.S. Attorney General, President Trump appointed Matthew G. Whitaker as AG temporarily. However, according to legal group Attorney IO, this appointment was unconstitutional and unlawful, and they’re challenging this appointment.
The group, which is comprised of eighteen law professors, eight formal federal court clerks, and three former U.S. Supreme Court clerks, argues that this unconstitutional appointment is “one of the most serious overreaches of the executive branch in a generation.”
The unconstitutionality of the appointment stems from President Trump’s failure to seek Senate confirmation before installing Whitaker as head of the Justice Department.
The law says, “The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States,” while Article II of the Constitution reads that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States.”
Because of the question of constitutionality regarding the appointment, any action taken by the new attorney general can be rendered subject to change.
To combat Whitaker’s appointment, Attorney IO is offering pro bono resources to those who are impacted by the Department of Justice. The group will give free volunteer representation for people like migrants and other targets of the Justice Department, as anyone in a dispute with the DoJ should scrutinize whether actions now taken are invalid due to this illegitimate appointment.
For more information on the group, visit their website.
Those looking for pro bono representation against the DoJ can contact Attorney IO here.