Democrats sue to unseat acting attorney general

WASHINGTON—Three Senate Democrats filed a lawsuit Monday attempting to block Matthew Whitaker’s appointment as acting U.S. attorney general. Sens. Richard Blumenthal of Connecticut, Mazie Hirono of Hawaii, and Sheldon Whitehouse of Rhode Island argue that Whitaker’s interim appointment violates the Constitution because the Senate did not confirm him to the post. This is not the first legal challenge to the appointment since President Donald Trump replaced Attorney General Jeff Sessions with Whitaker, who was Sessions’ chief of staff. Maryland’s attorney general filed a lawsuit last Tuesday asking a federal judge to give the job to Deputy Attorney General Rod Rosenstein, next in line for the position, instead.

On Wednesday, the Department of Justice defended Whitaker’s appointment in a memo arguing that the 1998 Federal Vacancies Reform Act allows the president to temporarily fill a position without Senate confirmation.