Sens. Richard Blumenthal, D-Conn., Sheldon Whitehouse, D-R.I., and Mazie Hirono, D-Hawaii, all of whom sit on the Senate Judiciary Committee, are arguing that because Whitaker was never confirmed by the Senate, President Donald Trump violated the Constitution’s Appointments Clause in naming him to oversee the Department of Justice and the Russia investigation.
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Whitaker has been openly critical of special counsel Robert Mueller in the past, at one point suggesting the Russia investigation could become a “witch hunt” and saying there had been no collusion between the Trump campaign and Russia. In a recent interview with Fox News’ Chris Wallace, Trump said he didn’t know Whitaker had criticized the Russia probe, but added he wouldn’t stop the acting attorney from limiting its scope.
ABC News White House Correspondent Karen Travers tells us: “If this [investigation] were to continue going on and on and growing, [Whitaker] thinks there should be limitations put on it. He’s now in a position where he could put those limitations on it, and as we heard from the president this weekend, he’s going to let him do it.”