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Fox News’ Judge Napolitano: Matthew Whitaker ‘Legally Ineligible’ to Be Acting AG

Fox News’ Judge Andrew Napolitano believes that Matthew Whitaker, the man President Donald Trump named to be acting attorney general, is legally ineligible for the position.

Trace Gallagher noted an op-ed Napolitano wrote that’s coming out tomorrow and how he makes that very argument in it. Gallagher noted the DOJ memo defending the appointment as legal and constitutional.

But Napolitano wasn’t impressed, saying, “I was very disappointed to see the lawyers who work for Matthew Whitaker go back to 1866 and look for a precedent there… I don’t care what happened in 1866 because the Congress changed the law in the 1960s and said whoever runs the Justice Department has to be nominated by the President and confirmed by the Senate because we put too much power in their hands.”

And one serious issue here is that the kind of power given to an attorney general “can’t go to a political hack,” and the way we avoid that is “by subjecting them to Senate confirmation.”

He said there is a very specific statute that applies here and insisted this is not a question of if, but when:

“The problem comes with decisions made by Mr. Whitaker in the interim. Because when his position––not if, when his position is found to be legally ineligible, those decisions will become null and void. Put that toothpaste back in the tube.”

When Gallagher noted the concerns of Democrats over what Whitaker could do to the Mueller investigation, Napolitano noted, “I think the Democratic fear is shared by a lot of Republicans as well.”

Watch above, via Fox News.

[image via screengrab]

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Josh Feldman is a Senior Editor at Mediaite. Email him here: josh@mediaite.com Follow him on Twitter: @feldmaniac