Fox News legal analyst Andrew Napolitano told Fox and Friends on Thursday that the acting Attorney General who President Donald Trump choose to replace former Attorney General Jeff Sessions is not qualified to hold that position.
Napolitano, who was a New Jersey Superior Court judge from 1987 to 1995, was clear that he believes Matthew Whitaker was professionally qualified for the job, he did not have the legal precedent to hold that position, due to several factors.
“There’s only three ways a person can become acting attorney general,” Napolitano said.
“One, if you are the deputy attorney general — Rod Rosenstein — the president signs an executive order and makes you acting,” he said.
“Two is if you are already in the Department of Justice and have a job that requires Senate confirmation and you have received confirmation. That is not the case with Matt Whitaker because he’s the chief of staff. That does not require Senate confirmation,” Napolitano continued.
“Three is a recess appointment, which is not relevant here because the Senate is not in recess. So with deference and respect to what the president’s trying to do — he 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,” he added.
“So with deference and respect to what the president’s trying to do — he has every right to want whoever he wants to 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,” Napolitano said.
“We are pleased to announce that Matthew G. Whitaker, Chief of Staff to Attorney General Jeff Sessions at the Department of Justice, will become our new Acting Attorney General of the United States. He will serve our Country well.
“We thank Attorney General Jeff Sessions for his service, and wish him well! A permanent replacement will be nominated at a later date.”