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The Katyal/Conway opinion in the New York Times is very interesting. The Acting Attorney General that Nixon used to fire the prosecutor had passed Senate scrutiny as Solicitor General. Whitaker has only passed scrutiny as a federal prosecutor in Iowa in 2004. The article says that scrutiny has now expired.
So if Whitaker does take controversial action before being confirmed by the Senate he may face a legal challenge. The final say will be with the Supreme Court . . . . watch this space.
Charlie_L
There is a pretty compelling argument by George Conway that Whitaker was illegally appointed. Apparently any principle officer, I.e somebody who reports directly to the president needs to be confirmed by the Senate. This has been tested and proven in court twice in recent years.
Might mean Whitaker can do absolutely fuck all.