Opinion | Trump’s Appointment of the Acting Attorney General Is Unconstitutional - The New York Times

Unlike Rod Rosenstein Matthew Whitaker has not been confirmed by the Senate. Since Jeff Sessions has been discharged Whitaker's appointment as Acting AG is unlawful. The undated "resignation" letter of A.G. Sessions (clearly drafted by White House Counsel) begins "At your request" I tender my resignation. That is what we call a "constructive discharge". I.E. we construe the letter as a discharge letter, not a resignation. Trump has been railing against Sessions recusal from the Russia investigation for months. He finally fired Sessions yesterday.

Former Acting Solicitor General Neal Katyal and George Conway prominent conservative lawyer (Trump skeptic and spouse of Kelly Anne) explain in today's The New York Times.
- gwc

Opinion | Trump’s Appointment of the Acting Attorney General Is Unconstitutional - The New York Times: Mr. Katyal and Mr. Conway are lawyers. Nov. 8, 2018