Fox’s Andrew Napolitano: Matt Whitaker ‘Not Legally Qualified’ to Be Acting Attorney General
Andrew Napolitano said President Donald Trump has “every right” to choose who he wants to head up the Department of Justice. But according to Fox News’ senior judicial analyst, Matt Whitaker, the president’s choice to be acting AG, is “not legally qualified” to serve in the position.
Napolitano appeared on Fox & Friends Thursday to talk about how Trump picked Whitaker to serve as acting AG after Jeff Sessions resigned at his request. Napolitano said Whitaker is “absolutely” professionally qualified for the job, but that he isn’t “legally qualified” for the job.
“There’s only three ways a person can become acting attorney general,” Napolitano said. He explained: 1. If you are the deputy attorney general, a position currently held by Rod Rosenstein; 2. If you work in the DOJ and have a job that requires Senate confirmation. 3. If there’s a recess appointment.
Napolitano added that Trump “has every right to have whoever he wants run the Justice Department.”
“He has chosen someone who does not qualify under the law to be the acting attorney general of the United States,” he said.
When Steve Doocy pointed out that Whitaker already swore an oath of office for his previous job in the DOJ and doesn’t have to do it again, Napolitano responded “I believe that’s a political response, not a legal one.” Ainsley Earhardt asked if there was a way for Whitaker to become eligible for AG full time, which prompted Napolitano to say “if he is the acting attorney general he is disqualified from becoming the attorney general.”
Watch above, via Fox News.
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