WASHINGTON 鈥 U.S. Sen. Mazie Hirono filed a lawsuit Monday seeking to block Matthew Whitaker from serving as acting attorney general.
Hirono joined two of her Democratic colleagues, Sens. Richard Blumenthal and Sheldon Whitehouse, in the legal action, saying that Whitaker鈥檚 appointment by President Donald Trump was unconstitutional.
Specifically, the senators argued Whitaker鈥檚 assignment as the nation鈥檚 top law enforcement official was a violation of the Appointments Clause, which says that a president鈥檚 nominations are subject to the 鈥渁dvice and consent鈥 of the U.S. Senate.
That means Whitaker, like his previous boss Jeff Sessions, who was forced to resign, should be subject to a confirmation hearing before the Senate Judiciary Committee. Hirono, Blumenthal and Whitehouse are all members of that body, which they argued gives them standing in the case.
., , and I just filed suit to challenge ‘s unconstitutional appointment of Matthew Whitaker as Acting Attorney General. Donald Trump cannot subvert the Constitution to protect himself and evade accountability.
鈥 Senator Mazie Hirono (@maziehirono)
Without exception for President Trump鈥檚 allies, principal officers who report directly to the President must be subject to a hearing and confirmed by the Senate.
鈥 Senator Mazie Hirono (@maziehirono)
Among the senators鈥 concerns is that Whitaker is a who could threaten to end Special Counsel Robert Mueller鈥檚 ongoing investigation into whether the president, his family and closer advisors worked with Russians to help sway the 2016 election.
There are also concerns that Whitaker, a former U.S. attorney, will be the subject of an ongoing FBI investigation involving a patent company accused of bilking customers out of millions of dollars.
According to the lawsuit, Whitaker was on an advisory board for the company during the time of the alleged misconduct, which ultimately resulted in penalties. The FBI is now conducting a criminal investigation into the company鈥檚 actions.
Read the senators鈥 lawsuit here:
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Nick Grube is a reporter for Civil Beat. You can reach him by email at nick@civilbeat.org or follow him on Twitter at . You can also reach him by phone at 808-377-0246.