The Hill =Fox News legal commentator Andrew Napolitano on Thursday said the man President Trump named as Acting attorney general "does not qualify under the law" to take the job.
Napolitano's remarks come a day after Trump announced that Matthew Whitaker would take over the Justice Department as acting attorney general ...
"There’s only three ways a person can become acting attorney general," Napolitano said. "One, if you are the deputy attorney general — Rod Rosenstein — the president signs an executive order and makes you acting."
"Two is if you are already in the Department of Justice and have a job that requires Senate confirmation and you have received confirmation," Napolitano added. "That is not the case with Matt Whitaker because he’s the chief of staff. That does not require Senate confirmation."
Whitaker's most recent post was chief of staff to Sessions at the Justice Department.
"Three is a recess appointment, which is not relevant here because the Senate is not in recess," Napolitano continued.
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