WASHINGTON, Nov. 14 (Xinhua) -- The U.S. Justice Department on Wednesday issued an opinion defending the legality of Matthew Whitaker's appointment by President Donald Trump as acting attorney general.
The 20-page opinion, issued by the Justice Department's Office of Legal Counsel, cited the Vacancies Reform Act, which allows for the appointment of a senior staffer who had been in office for at least 90 days.
Prior to his appointment, Whitaker served as chief of staff to Attorney General Jeff Sessions, who was fired by the White House on Nov. 7.
Maryland Attorney General Brian Frosh and other legal scholars have argued that Whitaker's appointment is unlawful under a department statute, which vests the full authority of the office to the deputy attorney general if the office of attorney general becomes vacant, local media reported.
In the opinion, Assistant Attorney General Steven Engel said that the statute does not displace the president's authority to use the Vacancies Reform Act as an alternative.
Whitaker's appointment has also come under attack from Democrats and some Republicans who argue that the move violates the appointments clause of the Constitution, which requires the president to obtain the advice and consent of the Senate before appointing a principal officer.
"As all three branches of government have long recognized, the President may designate an acting official to perform the duties of a vacant principal officer, including a Cabinet office, even when the acting official has not been confirmed by the Senate," Engel said.
As the acting attorney general, Whitaker is expected to take charge of oversight over Special Counsel Robert Mueller's ongoing probe into the alleged Russian involvement in the 2016 U.S. general elections, including approval of budget decisions and subpoenas.
A group of 18 U.S. state attorneys general last week urged Whitaker to recuse himself from the Russia probe in a cosigned letter, saying the Mueller's probe "must proceed free from interference." Whitaker was known to be skeptical about Mueller's probe.
