It’s what porch dogs do. The current noise-making is from Progressive-Democrats objecting to Matthew Whitaker having been appointed Acting Attorney General after Jeff Sessions’ resignation at the request of President Donald Trump.
A number of lawmakers called upon Whitaker to recuse from the Russia probe, citing his criticism of the investigation.
Some years ago, Whitaker expressed some opinions about the investigation of which these Progressive-Democrats disapprove, and so they want him to recuse himself from the Mueller investigation. Because anyone who, at any time, has said anything of which those folks disapprove is automatically disqualified for any government job.
The yapping has reached the point where the State of Maryland has asked a Federal judge to keep Whitaker from acting in his role on the grounds that he wasn’t legitimately appointed. Never mind that the
Vacancies Act [formally, the Federal Vacancies Reform Act] allows the president to temporarily fill a position that requires Senate confirmation with any official who’s been in the department for over 90 days.
Specifically, the relevant part of the Act says
The President can select a senior “officer or employee” of the same executive agency who is equivalent to a GS-15 or above on the federal pay scale, if that employee served in that agency for at least 90 days during the year preceding the vacancy.
Whitaker was AG Sessions’ Chief of Staff from October 2017—something more than 90 days.
Whitaker’s assignment is entirely legitimate. As for recusing, those calls, aside from the noise for noise’s sake aspect, is insulting to Whitaker’s integrity, insisting as they do that he’s not capable of exercising his responsibilities, including vis-à-vis the Mueller investigation in an objective, balanced manner.
Whitaker—and Trump—should ignore the yapping and simply proceed as though the street were merely filled with the noise of children playing. (Not that I would ever mix metaphors.)