Dershowitz: Whitaker’s Appointment Is Perfectly Legal

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Nick Givas Media And Politics Reporter
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Harvard Law School Professor Alan Dershowitz said Democratic attacks on acting Attorney General Matt Whitaker are “hyper-partisan” and defended President Donald Trump’s authority to make the appointment.

Dershowitz claimed the office of legal counsel made a “sound” argument in favor of Whitaker and said past presidents have made similar appointments over the years without being challenged. (RELATED: Mike Lee Spells Out Problem With Arguments Against Trump’s Appointment Of Matt Whitaker)

“The office of legal counsel is very independent — they make their own judgments. They’re highly respected, and generally the president and the attorney general follow the advice of the office of legal counsel. I think in this case the advice of the office of legal counsel is absolutely sound,” Dershowitz said on “America’s Newsroom” Thursday.

“If you go back in history, you’ll find that Democrat presidents have done this, Republican presidents have done this, and that we live in a hyper-partisan environment where everything anybody does is called unconstitutional,” he continued. “That, I think, trivializes the Constitution and reduces its value.”

Dershowitz said just because a president might be wrong on a particular issue, doesn’t mean it goes against the Constitution.


“I think it’s a mistake to challenge everything on constitutional grounds. The president may be wrong in his appointment, but being wrong doesn’t make it unconstitutional,” he concluded.

Maryland Attorney General Brian Frosh asked a federal court to declare Whitaker’s appointment unlawful Tuesday and claimed it violated federal law and the U.S. Constitution.

“Rod Rosenstein, not Mr. Whitaker, is the acting attorney general as a matter of law, with the attendant responsibility to enforce federal law and oversee this litigation in particular,” Frosh’s motion read.

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