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Napolitano Says Whitaker’s Appointment is ‘Unlawful’: DOJ is ‘Almost at the Point of the Saturday Night Massacre’

Fox News’ senior judicial analyst Andrew Napolitano called the appointment of Matt Whitaker as acting attorney general “unlawful” on Fox & Friends Tuesday morning.

Napolitano was on Fox News to respond to a challenge to President Donald Trump‘s appointment of Whitaker to replace Jeff Sessions as head of the Justice Department.

“I think that it was an unlawful appointment,” Napolitano said. He explained that there are “two statutes that govern who can become acting attorney general.”

Those two require, per Napolitano, that at the time you become AG, you have a position in the Justice Department that is (a) appointed by the president and (b) confirmed by the Senate. Whitaker, who previously served as chief of staff for Jeff Sessions, was not confirmed by the Senate nor appointed by the president for that post.

Napolitano laid out how Whitaker might be out as acting attorney general as early as today, thanks to a legal challenge by the state of Maryland, arguing “he was unlawfully appointed.”

“This person is not legally qualified to be attorney general,” Napolitano added.

The former judge added that Trump’s firing of Sessions “is very destabilizing to the DOJ” and that getting rid of his replacement “will be even more destabilizing.”

“We are almost at the point of the Saturday Night Massacre in the Nixon administration,” Napolitano said. “We didn’t know who was running the DOJ or the FBI. And you can’t have musical chairs, but you have to have a lawfully appointed person in there because he is sixth in line to the presidency! The power that he has with respect to criminal prosecutions is awesome and he must have undergone Senate vetting before he can have it.”

Watch above, via Fox News.

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Aidan McLaughlin is the Editor of Mediaite. Send tips via email: [email protected] Ask for Signal. Follow him on Twitter: @aidnmclaughlin