Senate Dems discussing lawsuit challenging Whitaker appointment
By Jordain Carney - 11/09/18 02:30 PM EST
Senate Democrats are privately mulling legal action to challenge President Trump's decision to appoint Matthew Whitaker as acting Attorney General.
A Democratic aide told The Hill discussions about a potential lawsuit, which would argue Whitaker’s appointment violated the Senate's "advise and consent" role, were in the "beginning stages" and were still being researched.
"We are actively thinking about what a possible legal challenge would look like in this case," the aide added.
The potential lawsuit, which was first reported by The Daily Beast, comes after Trump ousted Jeff Sessions as attorney general and appointed Whitaker, who was Sessions's chief of staff, to the role in an acting capacity.
Sen. Richard Blumenthal (D-Conn.) told The Daily Beast that it wasn't yet clear if senators could successfully bring a legal challenge but that they were studying "the array of legal flaws in the appointment and considering which of them are challengeable in court."
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https://thehill.com/homenews/senate/415978-senate-dems-discussing-lawsuit-challenging-whitaker-appointment