Los Angeles Times

Trump's appointment of acting attorney general may be unconstitutional, legal experts say

WASHINGTON - President Donald Trump's decision to name as acting attorney general a little-known political appointee who has never been confirmed by the Senate has come under increasing criticism by legal scholars on both the right and left who say the appointment is unconstitutional.

Although Trump clearly had the authority to fire Attorney General Jeff Sessions, replacing him with Matthew Whitaker doesn't pass constitutional muster, they say.

"I don't see how he can hold that office. Whitaker's appointment is not consistent with the Appointments Clause of the Constitution," said John Yoo, a University of California, Berkeley law professor who worked in the Justice Department under President George W. Bush.

Many Democrats - and some Republicans - have said they

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