Senate Dems discussing lawsuit challenging Whitaker appointment

Senate Dems discussing lawsuit challenging Whitaker appointment
© Stefani Reynolds

Senate Democrats are privately mulling legal action to challenge President TrumpDonald John Trump Former US ambassador: 'Denmark is not a big fan of Donald Trump and his politics' Senate Democrats push for arms control language in defense policy bill Detroit county sheriff endorses Booker for president MORE's decision to appoint Matthew Whitaker as acting attorney general.

A Democratic aide told The Hill that discussions about a potential lawsuit, which would argue Whitaker’s appointment violated the Senate's "advice and consent" role, were in the "beginning stages" and were still being researched.

"We are actively thinking about what a possible legal challenge would look like in this case," the aide added.

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The potential lawsuit, which was first reported by the Daily Beast, comes after Trump ousted Jeff SessionsJefferson (Jeff) Beauregard SessionsDOJ should take action against China's Twitter propaganda Lewandowski says he's 'happy' to testify before House panel The Hill's Morning Report — Trump and the new Israel-'squad' controversy MORE as attorney general and appointed Whitaker, who was Sessions's chief of staff, to the role in an acting capacity.

Sen. Richard Blumenthal (D-Conn.) told the Daily Beast that it wasn't yet clear if senators could successfully bring a legal challenge but that they were studying "the array of legal flaws in the appointment and considering which of them are challengeable in court."

“We have been doing a deep dive on potential causes of action concerning the constitutional issues raised by the Whitaker appointment and also obvious obstacles that could be raised to any court initiative, not the least of them standing," Blumenthal told the publication.

Democrats, and some Republicans, raised concerns about the potential impact Whitaker could have on special counsel Robert MuellerRobert (Bob) Swan MuellerMueller report fades from political conversation Trump calls for probe of Obama book deal Democrats express private disappointment with Mueller testimony MORE's investigation into Russian interference in the 2016 presidential election.

Deputy Attorney General Rod RosensteinRod Rosenstein10 declassified Russia collusion revelations that could rock Washington this fall Why the presumption of innocence doesn't apply to Trump McCabe sues FBI, DOJ, blames Trump for his firing MORE had been providing oversight of the probe but the Justice Department said this week that Whitaker would take over those responsibilities.

Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerSaagar Enjeti: Biden's latest blunder; Krystal Ball: Did Schumer blow our chance to beat McConnell? Johnson eyes Irish border in Brexit negotiations Lewandowski on potential NH Senate run: If I run, 'I'm going to win' MORE (D-N.Y.) sent a letter to Trump Friday wanting details on his legal reasoning for appointing Whitaker, arguing the move could violate the Appointments Clause of the Constitution by putting someone who had not been previously confirmed by the Senate into the Justice Department spot.

"Mr. Whitaker is a political appointee who is not serving in a Senate confirmed position in the Justice Department. I am not aware of any precedent for appointment of an official who has not been confirmed by the Senate to serve as acting Attorney General," Schumer wrote in the letter.