DOJ sides with Trump, says Whitaker appointment is legal -- similar to Bush and Obama picks

President Trump’s designation of acting Attorney General Matthew G. Whitaker is legal, and similar appointments have happened more than 160 times over the country’s history, including once in the Bush administration and twice under President Barack Obama, the Justice Department’s Office of Legal Counsel said Wednesday.

A senior department official said Mr. Trump had sought an opinion before Attorney General Jeff Sessions was asked to resign last week, and the OLC — the government’s chief internal legal voice — said the president could choose a senior official, even if he or she hadn’t been confirmed by the Senate.

The OLC then published 20-page opinion Wednesday giving more detail on that decision.

“What we’re talking about here is the constitutional question. The question is, can Congress provide the president with this authority,” the official said, briefing reporters. “The Vacancies Reform Act unequivocally does provide the president with that authority.”

Mr. Whitaker’s designation has become a major flashpoint in the week since it happened.