Who Can Serve as Acting Attorney General
Description:
This report discusses the two primary arguments raised to challenge the President's decision to name Matthew Whitaker as Acting Attorney General: first, that the Vacancies Act does not apply because another statute, 28 U.S.C. ยง 508, provides that the Deputy Attorney General (DAG) serves as Acting AG in the event of a vacancy; and second, that the Appointments Clause prohibits Whitaker, a non-Senate-confirmed official, from serving as the head of the Department of Justice (DOJ).
Date:
November 15, 2018
Creator:
Brannon, Valerie C. & Cole, Jared P.