Dershowitz Feuds With Blumenthal Over Whitaker: 'I Was in School of Harvard, Not Schoolhouse Rock'

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Posted: Nov 20, 2018 12:08 PM
Dershowitz Feuds With Blumenthal Over Whitaker: 'I Was in School of Harvard, Not Schoolhouse Rock'

Sen. Chuck Schumer (D-NY) wants the DOJ inspector general to investigate President Trump's relationship and correspondence with Matthew Whitaker in the wake of his appointment to acting attorney general. Trump gave Whitaker the role after ousting former AG Jeff Sessions. Democrats are outraged for at least two reasons. One, that Whitaker has publicly criticized Robert Mueller's Russia probe and two, that Whitaker did not get Senate approval for the new position. They argue that under the succession statute, the role of acting AG rightfully belongs to Deputy AG Rod Rosenstein. Schumer adds that if Whitaker remains in the role, he should at least recuse himself from the Russia investigation.

"I am particularly concerned about whether Mr. Whitaker may have shared with the White House, or could share in his new role, confidential grand jury or investigative information from the Special Counsel investigation or any criminal investigation,” Schumer wrote to IG Michael Horowitz.

Sen. Richard Blumenthal (D-CT) is one of the Democratic senators to sue the White House for "unconstitutionally" promoting Whitaker. 

"Installing Matthew Whitaker so flagrantly defies constitutional law that any viewer of School House Rock would recognize it," the senator charged. "Americans prize a system of checks and balances, which President Trump’s dictatorial appointment betrays.”

"Well I was in the school of Harvard, not the Schoolhouse Rock," lawyer Alan Dershowitz replied on Fox News Tuesday.

Dershowitz added why Trump deserves some discretion here.

"You have to give the president some discretion to fill vacancies," Dershowitz reasoned, adding that the Democrats’ lawsuit is “too broad” in its scope.

Last week the DOJ released a memo justifying Whitaker's appointment.