When Trump wanted to fire then-FBI Director James Comey, who was overseeing the Russia probe, Rosenstein wrote the memo that the White House used to justify the dismissal. But eight days later, Rosenstein took a step that Trump feared would end his presidency: appointing Robert Mueller as special counsel.
Acting Attorney General Matthew Whitaker's past criticism of the Russia investigation has raised questions about whether he can oversee it fairly. The ethics official said this week that a recusal was "a close call" but suggested that Whitaker remove himself, even though he was not required to do so.
President Donald Trump made the announcement while departing the White House for a trip to Missouri. He called Barr, the late President George H.W. Bush’s attorney general, "a terrific man" and "one of the most respected jurists in the country."
Documents show acting Attorney General Matthew Whitaker began revising his public disclosures the day he was appointed acting attorney general. He revised the forms four more times, including on Tuesday.
The suit, filed by Sens. Richard Blumenthal of Connecticut, Mazie Hirono of Hawaii and Sheldon Whitehouse of Rhode Island, argues that Whitaker's appointment violates the Constitution because he has not been confirmed by the Senate.
Republican Sen. Jeff Flake said the appointment of Matt Whitaker, who has criticized the Mueller investigation, was a "blatant" move that increased the urgency for the legislation. But Senate Majority Leader Mitch McConnell objected without comment.
The 20-page opinion from the Office of Legal Counsel, which provides advice to executive branch agencies, aims to rebut mounting complaints that President Donald Trump illegally sidestepped procedure by appointing Whitaker over Deputy Attorney General Rod Rosenstein.
The Trump administration and Attorney General Jeff Sessions have made prosecuting government employees who leak sensitive information to the media a high priority.
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