On Thursday, the hosts of Fox & Friends were outraged when their guest, legal commentator Judge Andrew Napolitano, claimed that Matthew Whitaker, the new acting attorney general appointed by Trump, is legally “not qualified” to serve. How dare he state facts on Fox??
Speaking to Steve Doocy, Brian Kilmeade, and Ainsley Earhardt, Napolitano analyzed Trump’s decision to replace attorney general Jeff Sessions with Whitaker.
Fox’s Andrew Napolitano: Trump “has chosen someone who does not qualify under the law to be the Acting Attorney General of the United States.” pic.twitter.com/gFKQBDy0vg
— Bobby Lewis (@revrrlewis) November 8, 2018
Steve Doocy, who was completely incredulous, said, “You’re saying the guy the president appointed is not qualified?” Napolitano clarified, “Is not legally qualified.”
Doocy responded, “The president’s got lawyers. They looked at that!”
Maybe so, but Napolitano broke it down. He explained that there are only three ways in which a person can become acting AG. The first is if that person is already serving as the deputy AG (but the deputy AG is Rod Rosenstein), the second is that person has a job at the Department of Justice that requires them to be confirmed by the Senate, and the third is if that person was appointed while the Senate was in recess. None of these apply in Whitaker’s case.
Napolitano summed it up, saying, “[Trump] has chosen someone who, under the law, does not qualify to be acting attorney general.”
At which point Ainsley Earhardt asked, “So he’s not really the attorney general?”
Napolitano answered, “That’s correct,” and added, “Which is why he did not take an oath of office.”
Brian Kilmeade said, “They say that he already took an oath so he doesn’t have to take it again.” (Kilmeade was talking about the oath Whitaker took when he became chief of staff at the DOJ.)
Napolitano’s answer was, “That’s a political response.”
Whitaker will now be in charge of overseeing Robert Mueller’s investigation into a possible connection between the Trump campaign and Russia’s attempts to interfere in the 2016 election.
h/t Raw Story