New acting Attorney General Matt Whitaker now overseeing Mueller investigation: 6 things to know
Matthew Whitaker is now at the helm of the Justice Department, moving from chief of staff to the attorney general to acting attorney general. The 49-year-old Republican lawyer has assumed all attorney general responsibilities after Jeff Sessions was asked for his resignation by President Trump on Wednesday, the morning after the midterm elections. Sessions' resignation was requested via John Kelly, Trump's chief of staff, rather than by the president himself. In a statement late Wednesday, Whitaker said it was a "privilege" to work under Sessions, and that he looked forward to his new role. “It is a true honor that the President has confidence in my ability to lead the Department of Justice as Acting Attorney General. I am committed to leading a fair Department with the highest ethical standards, that upholds the rule of law, and seeks justice for all Americans," Whitaker said, adding that would work to "ensure the safety of all Americans and the security of the nation."
Who is Matthew Whitaker?
Whitaker, an Iowa native, is 6ft 4in tall and played tight end for the University of Iowa Hawkeyes football team, appearing in Iowa's Rose Bowl game in 1991. He served as the U.S. attorney for the Southern District of Iowa from 2004 to 2009 as an appointee of President George W. Bush. He then was a candidate for the Republican nomination in the Iowa Senate in 2014. Whitaker did not win in the primary, and Joni Ernst went on to win the general election. Whitaker then became a managing partner of a law firm before joining the Justice Department in September 2017 as then-Attorney General Jeff Sessions’ chief of staff. In September, it was reported that Whitaker was on the shortlist to replace then-White House counsel Don McGahn. In an interview with Fox News in October, Trump was asked about a Washington Post story that alleged he had asked Whitaker if he wanted to replace Sessions. "Well, I never talk about that, but I can tell you Matt Whitaker's a great guy. I mean, I know Matt Whitaker. But I never talk about conversations that I had,” Trump said in the interview.
What can Whitaker do to Mueller?
As Mueller’s boss, Whitaker can do a handful of things to curtail his investigation, as he oversees Mueller's jurisdiction and budget. Whitaker could direct Mueller to simply stop investigating something, or deny a request by Mueller to expand his investigation into a matter. Whitaker could also block Mueller from certain investigative steps, like subpoenaing someone or issuing new indictments. Though Justice Department regulations for special counsels mandate that they operate with day-to-day independence, the attorney general could require him to explain “any investigative or prosecutorial step.” As acting attorney general, Whitaker, “may conclude that [a Special Counsel] action is so inappropriate or unwarranted under established Department practices that it should not be pursued.” If Whitaker does conduct such a review, Congress must be notified. Whitaker could also outright fire Mueller — though he can only do so due to “misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies.” When Mueller completes his investigation, he has to deliver a report about his findings to the attorney general. If that is Whitaker at the time, he can decide whether to turn Mueller's report over to Congress or to keep it secret. But if the latter were to happen, the Democratic-controlled House could issue a subpoena for it.
How long is Whitaker acting AG?
Whitaker will be the acting attorney general until a permanent replacement is nominated and confirmed by the Senate. Under the Federal Vacancies Reform Act of 1998, the acting officer — in this case, Whitaker — may serve “no longer than 210 days beginning on the date the vacancy occurs,” or “once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.” Under the FVRA, if the Senate rejects Trump’s nominee for the attorney general vacancy, then Whitaker is allowed to serve for another 210-day period. As acting attorney general, he assumes all responsibilities of the attorney general — which include oversight of special counsel Robert Mueller. Sessions did not oversee Mueller because he recused himself from the investigation due to his involvement in Trump's presidential campaign.
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