Democratic senators file suit to block Matt Whitaker's appointment

Democratic senators file suit to block Matt Whitaker's appointment

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"Because Whitaker's appointment does not satisfy the Appointments Clause, it is unlawful, and he can not serve as Acting Attorney General", they said.

"Whitaker's designation neither alters the Special Counsel's authority to represent the United States nor raises any jurisdictional issue", the prosecutors wrote. Miller and his lawyers are now urging the USA appeals court in Washington, D.C., to reject the contempt finding, insisting Mueller's appointment was unconstitutional.

The Justice Department legal team, led by longtime federal lawyers now working for Mueller, says Mueller was properly appointed last May by then-acting Attorney General Rod Rosenstein and continues to work at the discretion of Justice Department leadership.

Whitaker has a deeply partisan career track record, has criticized the Mueller investigation and has even said judges should be Christian and take "a biblical view of justice".

The Department of Justice, for its part, has argued that Whitaker is able to serve in the role.

Andrew Miller, former aide to Roger Stone, seen here in this undated profile picture.

Whitaker also said prior to his appointment that there was "no collusion with the Russians and the Trump campaign", as reported by The Daily Beast.

A group of Senate Democrats is suing to block the appointment of acting Attorney General Matt Whitaker on the grounds that his appointment violates the Constitution.

Even though no challenge of Mueller's authority has up to now been successful, George Papadopoulos, the former Trump foreign policy advisor guilty of lying to the Federal Bureau of Investigation, recently revealed he was hopeful that Miller's appeal would be "successful", so that it would be shown that Mueller "lacked constitutional authority" to prosecute him in the first place.

The state of Maryland also made a similar court filing last week in a legal dispute with the Trump administration over the Affordable Care Act.

Whitaker in the past criticised the scope of Mueller's probe and brought up the possibility of undermining it by slashing the special counsel's funding.

Amid concerns Whitaker was chosen to protect Trump from the Russian Federation collusion investigation of Special Prosecutor Robert Mueller, the senators said the president violated the constitution by naming him to lead the Department of Justice without first seeking Senate confirmation.

Whitaker took over supervision of special counsel Robert Mueller's investigation of Russia's role in the 2016 USA election after Trump appointed him on November 7 as the chief US law enforcement official to replace Jeff Sessions, who was ousted by the president.

The latest court filings come in response to a request from the federal judges for additional briefs to address President Donald Trump's appointment of Whitaker to replace Sessions, and what impact the change had on either party's arguments.

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