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U.S. Supreme Court,
Government,
Constitutional Law

Nov. 13, 2018

Appointment of Whitaker raises a tangled web of legal, ethical issues

The appointment of Whitaker has created a legal firestorm because of his controversial and radical views on the role of the federal courts as an “inferior branch” of government.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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On Nov. 7, Jeff Sessions submitted his resignation as attorney general to President Donald Trump. The letter begins, "At your request, I am submitting my resignation." Trump then appointed Matthew Whitaker, who was Sessions' chief of staff at the Department of Justice, as acting attorney general. Whitaker will, among other duties, oversee Robert Mueller's ongoing investigation into Russian interference into the 2016 election and "related matters."

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