Senate Democrats are exploring the idea of suing the Trump administration over Matthew Whitaker’s appointment as acting attorney general, several Democratic lawmakers confirmed on Friday.

The suit would seek to invalidate Whitaker’s appointment, by arguing that it was an unconstitutional violation of the Senate’s “advise and consent” powers. If successful, it would force Trump to either formally nominate a replacement for former Attorney General Jeff Session or elevate, on an acting basis, someone from within the department who had already received Senate confirmation.

“We have been doing a deep dive on potential causes of action concerning the constitutional issues raised by the Whitaker appointment and also obvious obstacles that could be raised to any court initiative, not the least of them standing,” Sen. Richard Blumenthal (D-CT) told The Daily Beast. “We’ve been through a few of these issues in my emoluments lawsuit, principally the standing one. So we’re looking at the array of legal flaws in the appointment and considering which of them are challengeable in court.”

Read more at The Daily Beast.

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Author: By betsy.woodruff@thedailybeast.com (Betsy Woodruff) sam.stein@thedailybeast.com (Sam Stein)