“This unlawful appointment requires immediate correction to prevent harm to the Amici States caused by the actions of an improperly designated Attorney General whose decisions are subject to possible invalidation,” according to the Attorneys General.
“The relationship between the Justice Department and the States is so essential — whether it is collaborative or adversarial — that any doubts about the legitimacy of the Acting Attorney General threaten to harm the Amici States,” they added.
Attorney General Karl Racine of the District of Columbia led the filing of the amicus brief.
In a statement, Racine said, “President Trump cannot ignore federal law and Congress’s confirmation powers to elevate a non-confirmed political appointee to act as the nation’s highest law enforcement officer. We’re filing an amicus brief supporting Maryland because President Trump’s appointment of Mr. Whitaker is illegal, unconstitutional, and runs counter to the rule of law.”
On the other hand, New York Attorney General Barbara Underwood, commented, “The law is clear – and Matthew Whitaker’s appointment as Acting Attorney General is illegal, violating long-standing rules. Our coalition of Attorneys General will continue to do what’s necessary to protect the rule of law.”
