DOJ Office of Legal Counsel: Matthew Whitaker Can Legally Serve as Acting Attorney General…

In a move that supports President Trump, the U.S. Justice Department, Office of Legal Counsel (OLC), has released a lengthy memo [pdf available here] outlining the legal support for the interim appointment of Matthew Whitaker as Acting Attorney General.

(Via Wall Street Journal) […] The Justice Department’s opinion is aimed at critics who say Mr. Whitaker’s installation is an invalid run around the Constitution’s requirement that the Senate provide “advice and consent” for senior executive-branch nominations. It comes a day after the state of Maryland asked a federal judge to block Mr. Whitaker from serving, arguing that job should fall to Deputy Attorney General Rod Rosenstein.

A judge Wednesday set a hearing on that argument for Dec. 19.

The Justice Department’s opinion is likely to further the debate that has surrounded Mr. Whitaker since President Trump named him to replace Jeff Sessions, whom the president ousted last week. Even before Mr. Sessions’ resignation, the department’s Office of Legal Counsel had advised the White House that Mr. Trump could lawfully name Mr. Whitaker as his successor, a senior department official said Wednesday.

“It is no doubt true that presidents often choose acting principal officers from among Senate-confirmed officers. But the Constitution doesn’t mandate that choice,” the head of the office, Steven A. Engel, wrote in Wednesday’s opinion, addressed to White House layer Emmet Flood. “Consistent with our prior opinion and with centuries of historical practice and precedents, we advised that the president’s designation of Mr. Whitaker as acting attorney general on a temporary basis” didn’t warrant Senate confirmation. (link to WSJ)

The larger, seemingly overlooked question, is why?  Why did President Trump choose to follow the advice of his White House lawyers, and appoint Matthew Whitaker as Acting Attorney General, instead of allowing Deputy AG Rod Rosenstein to elevate to the position of AG in the interim period?

There is speculation Matthew Whitaker is the preferred acting AG because he is more likely to support a pre-planned objective cleaning out a set of corrupt internal officials within the DOJ and FBI; this would be the “cleaner” supposition.

Hopefully this is the case; there are reasonable signs of evidence pointing in this direction. However, given the history of how Machievellian the administrative state has been in defending corrupt institutions – it would be naive to think the career embeds within the DOJ and FBI, and their external alliance (Lawfare), don’t have a counter-punch in their scheming arsenal.

We live in an era of consequential, and unfortunately unnerving, times.  Those within the previous administration who shredded the constitution in favor of weaponized power for political purposes, are emboldened amid a landscape where the majority media support their usurpation.

“A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself.”

“For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear.”

~ Marcus Tullius Cicero

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This entry was posted in AG Jeff Sessions, Big Government, Big Stupid Government, Conspiracy ?, Decepticons, Dept Of Justice, Donald Trump, Election 2018, FBI, IG Report FISA Abuse, Jeff Sessions, Legislation, media bias, President Trump, Spygate, Spying, Uncategorized, USA. Bookmark the permalink.

322 Responses to DOJ Office of Legal Counsel: Matthew Whitaker Can Legally Serve as Acting Attorney General…

  1. saywhat64 says:

    Has anyone seen the document from the DOJ ? Can’t find a link anywhere..

    Like

  2. Rynn69 says:

    Mr. President, DO NOT TRUST WHITAKER. Another strategized swamp plant. Articles he wrote to “put Clinton in jail”, etc., etc. are a bait and switch for Whitaker to remain. If he was worth anything, the Mueller probe would be over and a Special Counsel appointed to look into the criminal activities of Obama/Clinton/DOJ-FBI incorporated. Whitaker is the SWAMP. Are we going to wait another 2 years while everything burns down around us before we realize this?

    Like

    • girlyman514 says:

      When his name first came about everyone was clamoring for him to be the AG because of some remarks he made about stopping funding for Mueller’s investigation. Since then, stories have come out with him saying he would not remove Mueller’s funding and all of a sudden, now everything is hunk- dory.

      Like

  3. gamecock123 says:

    Finally some good news, I dont know anything about Whitaker, didnt even know he existed til Trump appointed him, but I know this. If he scares the hell out the Democrats than he most be the man Trump needs. He knows the whole game and all the players.
    *Sidenote* ZM, treepers who are feeling low, we had some setbacks but they all look like potential silver linings. Remember the snake? The snake are globalist, Trump is going after the head of the snake, except in Trump case its more like Medusa’s head, alot snakes. I have faith though, he said he prepared for this his whole life, and now that Ive seen what he can do, he is the real deal. And make no mistake, Trump got the vote out. He won the midterms, it was the NeverTrumps that lost. McCarthy has one job,p well two. Raise money and win the house back. He has two years, Trump is up for reelection he will not put up with any BS from the Nevertrumpers these next two. Its Trumps party now.

    Liked by 8 people

  4. gamecock123 says:

    Finally some good news, I dont know anything about Whitaker, didnt even know he existed til Trump appointed him, but I know this. If he scares the hell out the Democrats than he most be the man Trump needs. He knows the whole game and all the players.
    *Sidenote* ZM, treepers who are feeling low, we had some setbacks but they all look like potential silver linings. Remember the snake? The snake are globalist, Trump is going after the head of the snake, except in Trump case its more like Medusa’s head, alot snakes. I have faith though, he said he prepared for this his whole life, and now that Ive seen what he can do, he is the real deal. And make no mistake, Trump got the vote out. He won the midterms, it was the NeverTrumps that lost. McCarthy has one job,p well two. Raise money and win the house back. He has two years, Trump is up for reelection he will not put up with any BS from the Nevertrumpers these next two. Its Trumps party now.

    Liked by 1 person

  5. Smurfette says:

    I did not feel confident with Hubris nor Dana B delivering results as part of FISA assignment by Jeff Sessions, but Whitaker for some reason felt different. So far good! White hats need our support and efforts to expose the deep state.

    There is a neuroscientist at the Pentagon named Giordiano, currently or formerly employed, who is doing the seminar rounds educating people about science’s ability to communicate with someone’s brain reciprocally. He basically admits the scientists have perhaps crossed the lines ethically with their experiments on unwilling subjects. You can bet your top dollar that it’s been going on for decades. His conscience suddenly appears as soon as Trump is elected.

    When did this start? Supposedly, in 1947,radar technicians were amazed they could hear train rumbling from distant location carried on radio waves to their station. Research began in earnest to find out how to “teleport” speech and mind control to people remotely while making them think it was their own ideas.

    http://remoteneuroimaging.blogspot.com/2010/12/microwave-hearing.html

    Research in the United States began with the work of Allan Frey whose seminal publications “Auditory system response to radio frequency energy. Technical note.” (1961) and “Human auditory systems response to modulated electromagnetic energy” (1962) were the first to investigate the effect. Frey used transmitters which were “pulse modulated with no information placed on the signal”. By varying transmitter parameters such as pulse width, peak power density and pulse repetition rate he was able to induce auditory sensations in the frequency range 5kHz and higher.

    Like

    • Rynn69 says:

      Whitaker is the swamp. No reason to feel any relief. The concern is, are we going to start this 3D chess BS for another 2 years while the swamp remains in control at all times and we waste another 2 precious years thinking “our guy” is bringing justice to the den of thieves. Really, I am beginning to grow concern on how gullible people are…

      Like

      • Now is as good a time as any to give my assessment of the entire situation and the future for what it is worth. Getting to the bottom line based on what has gone on with the deep state since President Trump’s election and the mid-term elections, America is lost never to recover. I spent 24 years on active duty having served all around the world and have now been retired for that amount of time. I can tell you the current state of America is not the one for which I served. I am not bringing this up for thanks only for background. Serving is to ensure life, liberty, and the pursuit of happiness, for a society of limited government and personal responsibility – not to ensure everyone has a daily latte and an I phone. Maybe harsh but too bad. I really believe that by 2040 there will be no House, no Senate and no President. Instead this populations new masters will be those installed by the Chinese communist government. The country will be too weak to resist (China is steadily building up their military capabilities) and the population will have the attitude that it is somebody else responsibility to ensure I have my freedoms (because we will have become a salad bowl rather than a melting pot). I’ll be long gone but I do believe I’ll be watching what’s happening from above and say I told you so.

        Like

        • Rynn69 says:

          Concerned Veteran – There is life here! Exactly!

          Like

        • Yy4u says:

          Concerned. Thsnk you gor your service. I agree USA is done form unless Divine Intervention somehow steps,in … in what form I dont know … but if God leaves us floundering, I dont think China would bother with us because of the very salad bowl you mention. Just like Russia doesnt want Europes dysfunctional problems.

          Like

      • E.jay Miller says:

        7 months max, actually–then we install the new AG:
        JOE DIGENOVA

        Liked by 1 person

    • lemmus1 says:

      “Supposedly, in 1947,radar technicians were amazed they could hear train rumbling from distant location carried on radio waves to their station.”

      …good god Gerty, you’re spouting nonsense …the radar wave spectrum is so far above audio its like Everest and the Dead Sea …no human ear can detect anything in that frequency range …simply not possible …take your garbage elsewhere, eh

      Like

      • Smurfette says:

        Look up Walter Reed Military research, it’s their own explanation and excuse for conducting further research and how audiospotlight now exists. Did you read the link provided for your education?

        Liked by 1 person

        • lemmus1 says:

          …my education? …I’m a radar systems engineer with designs swerving on multiple platforms worldwide …in other words, I have a clue …something you are clearly missing …along with a few screws, eh

          Like

          • TrumpFanFLA says:

            Smurfette is correct. Anyone who even does a little research re EMFs will come upon the work of Allen Frey (former GE scientist) who proved decades ago that Microwave-RF can be heard.

            There was a brief interview & photo of him in the 9/1/18 NYT article re “Microwave Weapons” & the “U.S. Embassy” staff injuries. Frey is in his 80’s now & lives somewhere around DC.

            The NYT also had a drawing of the inner ear & how MW-RF interacts with/affects it.

            Tons of people around the planet are hearing MW-RF these days due to the proliferation of ghastly-SmartMeters, CellTowers, etc.

            Maybe your education could use a bit of updating.

            Like

  6. A Small Victory against the UNIPARTY.
    ~Let’s hope Mr. Whitaker doesn’t become the next Victim of the CLINTON-CRIME-FAMILY.~

    Like

    • Rynn69 says:

      See my comments above. No reason to feel relief.

      Like

      • Johnny says:

        Pretty sure everyone has seen your negative, eyore comments from above. You sure are pushing hard. Do you think swaying us would stop the President of the United States Donald Trump from going thru with his appointment?

        Maybe you might be here to try and sow discord around

        Liked by 3 people

        • Rynn69 says:

          Johnny – Believe what you will. Perhaps there are 30,000 indictments waiting from Sessions, too.

          Like

          • Johnny says:

            Did you read anywhere in my comments that I believed any of that Crap?

            Liked by 1 person

            • Rynn69 says:

              No, Johnny. I am glad that you don’t. The frustration is that the GOP is so weak and nobody but PDJT is fighting. Nobody is stepping up to help the country. By nobody, I mean the GOP.

              Like

              • Jan says:

                Totally agree with your assessment of the GOP–no one is fighting but the President. Except for Rubio (which is curious) & Matt Gaetz, no one’s fighting for Scott to be the Senator. Andy Biggs said he was “surprised” the Republicans lost the House. WTF??

                As to Whitaker, he ran in the Iowa Republican primary for U.S. Senator in 2014, along with Sam Clovis, which they both lost. He apparently worked for Clovis when Clovis ran for a Treasury position in Iowa, which Clovis lost. They apparently continued their “friendship” and Mueller has their emails. Whitaker did not work for Clovis in the Trump campaign, nor did Whitaker work for the Trump campaign, transition team or inauguration team. He didn’t begin working for Sessions until the fall of 2017, and he has no known ties to Russia. He was hired about the same time as Sessions hired John Huber, which may also correspond to when Sessions hired the White House guy that McMaster fired as his “security advisor.” That’s what I know about Whitaker, other than he was a great tight-end in college football. So we’ll see.

                One benefit I see immediately is perhaps Whitaker won’t re-write the IG’s conclusions in the upcoming IG FISA Abuse report, like Rosenstein & Wray did to the IG’s conclusions regarding the bias of the FBI & DOJ in the Hillary exoneration, the Trump-Russia project and interference in the 2016 election. Perhaps, Whitaker will release the classified docs since he’s “temporary” and not under investigation by Mueller….yet.

                Like

          • Judge07 says:

            We have a shill.
            Keep posting and maybe you will convince a few sheep. 96nnyR

            Like

      • The Boss says:

        Comment deleted by Admin…

        Liked by 2 people

        • Rynn69 says:

          I do not think your post is appropriate. We are allowed to comment here is my understanding.

          Like

          • Johnny says:

            Might want to go read the thread again.

            Like

          • The Boss says:

            You should have stopped at “I do not think”. THAT would be appropriate.
            Now run along and try to develop a new thought.

            Liked by 2 people

          • dauntlessguy says:

            I think that you warning he is a swamp creature before there is any solid evidence is as weak as people saying he is going to start draining the swamp with indictments. Too soon to call it. Give it at least another week.

            Like

            • Rynn69 says:

              Here is the evidence –

              1. Mueller investigation not shut down.
              2. Special Counsel not appointed for Obama-Clinton-DOJ-FBI crimes.

              We’ll see…

              Like

              • lemmus1 says:

                …how do you know any of that? …Mueller could be writing his final report right now …not saying he is, just that you are claiming something not in evidence

                Like

              • Padric says:

                Seriously? The dude’s been in the acting AG spot for all of a week. If he had shut it down immediately it’s an absolute guarantee that the Dems would have screamed for impeachment because Whitaker isn’t an allowable pick for acting AG. The OGC would have agreed in an effort to stay the hell out of that particular fight and then the Dems would have forced a vote on impeachment which they likely would have won. Given the CURRENT makeup of the Senate, there is zero guarantee that the president would have survived that.

                Now that the OGC has issued its findings that Whitaker is allowable, he has standing to start making moves. To do ANYTHING prior to today would have been foolhardy at best and asininely self destructive.

                Don’t expect anything to happen until after December 18th which is the date of Michael Flynn’s sentencing hearing is presently scheduled for. The smart play here is to see why Mueller does with that. Knowingly sentencing someone for crime they didn’t commit is a crime in and of itself.

                Do not forget, McCabe is still sweating out whether he will be indicted. Given the probability he had Storzk alter 302’s to screw Flynn, waiting until after the sentencing snares McCabe and potentially Storzk as well.

                Like

  7. pnj01 says:

    The question is asked: “Why did President Trump choose to follow the advice of his White House lawyers, and appoint Matthew Whitaker as Acting Attorney General, instead of allowing Deputy AG Rod Rosenstein to elevate to the position of AG in the interim period?”

    To use some NYC speak: because POTUS is NOT a schmuck.

    Liked by 2 people

  8. Doug Amos says:

    Now we know why the military says “yesterday was the easy day”. At The Last Refuge, we trust President Trump and Sun Dance; they both like Whitaker.

    Liked by 1 person

    • Rynn69 says:

      LOL. Okay.

      Like

      • Therefore, you are in the wrong venue friend. Running around like Chicken Little repeating yourself gets tiresome real quick. Suggest you lay out your logic for your claims, support with evidence where you are able and engage politely with those who challenge you. That way you will earn respect in the community and your posts will be sought out. Otherwise, you are wasting time.

        Like

        • Rynn69 says:

          The evidence is clear as day. Not one person has ever been prosecuted. Game. Set. Match. My intent is to wake up the gullible so that we are not wasting 2 more years with the White Hat/Black Hat 3D chess nonsense. PDJT has very little time and we have to assume only 2 years. It is time we get our heads out of the sand and fight smart.

          Like

  9. The “entire” Gang of Eight are fearful of AAG Whitaker and I believe rightfully so.

    Liked by 1 person

  10. Fools Gold says:

    Marcus is right. What’s sickening is we conservatives know the majority of “elected” conspirators names.

    Like

  11. E.jay Miller says:

    Trump’s appointment is wholly legal under the law–and only lawyers could take 20 pages to explain why. In fact, all you have to do, (unless you are a lawyer or a judge) is read the law. It is plainly written (surprise) and no ambiguous; the deputy could take over for the principal, or, the POTUS can appoint someone who qualifies under one of three conditions; to quote:
    Federal Vacancies Reform Act
    5 U.S. Code § 3345 – Acting officer
    3)notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
    (A)
    during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
    (B)
    the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.

    https://www.law.cornell.edu/uscode/text/5/3345

    Liked by 2 people

  12. lawton says:

    I think Whitaker will put an end to this mess if Mueller tried to go past January and only has silly mess he can show him like Roger Stone stuff etc. Whitaker already knows what these clowns pulled. Release the IG report on FISA abuse without the joke conclusions like in the Clinton one and then end Mueller’s mess.

    Like

  13. Dutchman says:

    The Dems aren’t focusing on the STATUTE, they are focusing on the CONSTITUTION, specifically “advice and consent”.

    Their argument, which I don’t buy, is its an ‘UncConstitutional appointment, as a means of obstructing justice, and thetefore,…grounds for impeachment.

    WHY they are doing it is also obvious; they want Rosie to continue to run DOJ, and continue to supervise Mueller, in blocking any investigation of THEIR perfidy.

    The Rinos are in on it, cause there is NO WAY the gang of eight dfidn’t ‘sign off’ on it, although Nunez at least, was given a different briefing than the rest.

    Liked by 3 people

    • Judith says:

      Sounds about right Dutchman. From the Russia witch hunt to the midterm election fraud you don’t need a PHD to see what the GOPe are capable of.

      IMO there are two camps: those who are up to their ears in the swamp muck and probably deserve jail time if not a noose, and those who take their marching orders from such people or else get Arkancided. Our government is polarized. We don’t have two parties. It is one big swamp.

      Like

  14. mugzey302 says:

    Awesome cartoon!

    Like

  15. C R Lord says:

    Perhaps Sessions recusal status might have something to do with him stepping down so someone who isn’t recused can take over the control of the Mueller investigation. That seems to be realistic since some democrats have voiced their concerns in that possibility and Eric Holder threatened retaliation if anyone should mess with the Mueller investigation saying they would be crossing “the red line.” Why should they fear the end of the Mueller investigation?

    What if Rosenstein should be fired or step down. How would that affect things? Since it is believed that Mueller was involved in the Uranium One scandal could it be that maybe Mueller is under some threat of exposure himself and now working with the President against the cabal? Perhaps even Rosenstein is under a similar threat and working with the President. A more lenient sentence for either of these two men could produce a cooperative posture.

    Mueller is answerable to Whitaker now. He could demand to see all Mueller’s notes anytime he wanted. Perhaps that was why Sessions stepped down and Whitaker took his place for now. A lot of possibilities exist. I am sure the President is on top of all this no matter which way it goes.

    Liked by 2 people

  16. “A nation can survive its fools, and even the ambitious. But it cannot survive treason from within.”
    – Cicero

    Lord, ain’t that the truth. I hope Whitaker is the cleaner and Trump is trying him out to see how he likes him for a few months and then puts him up for confirmation after the new senate is sworn in next year. I mean no matter who Trump picks, it will be a war for confirmation and since the left is preemptively hysterical over Whitaker before he even began, I’d say he might be a good choice to clean house. But we can’t seem to get anyone to pull the trigger and return fire, figuratively, against the war the treasonous cabal started. We can’t move forward as a nation until we do and clean house at every level.

    Liked by 3 people

    • Jan says:

      I know one thing. We can’t clean house with the RINOs running the the House minority–they’ll be running interference for the Dimms on the 85 subpoenas project the Dimms plan to run starting in January. And Lindsay’s threat to investigate Hillary again will probably keep him from chairing the Senate Judiciary Committee.

      Like

      • Sure we can clean house. The subpoenas will just go to a room full of lawyers and it’ll be paperwork table tennis while Whitaker does his Mr. Clean thing. The GOPe minority will go sit in a corner somewhere and let the Dems act like the loons they are. And Graham? Well if McConnell and Grassley are fine with him it’s all good and maybe we’ll get that Hillary investigation. We’re going to get more judges either way and maybe another Supreme Court appointment. It’s looking good to me. Maybe we’ll even get a government shutdown we can blame on the Dem loony bin in the house. That’ll be fun.

        Liked by 1 person

  17. Mountainaire says:

    I don’t trust Whitaker, but he seems the most obvious choice to act temporarily as AG. Of course, Trump could have chosen Scott Pruitt before his ethics violations blew up, and they wouldn’t have anything to say about it. So, why didn’t he?

    Trump had the chance to fire Sessions and appoint Pruitt, but DOJ threatened obstruction charges. Maybe Trump didn’t want that kind of press before the midterms, but I think he was wrong to back down. I still think he’s getting bad advice.

    Regardless, an act passed by Congress serves as senate confirmation for a temporary appointment.

    Like

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