Letter: Constitution’s framers saw Trump coming
Published 8:00 am Tuesday, December 11, 2018
On the morning of Nov. 7, President Donald Trump forced Attorney General Jeff Sessions from his position and immediately installed Matthew Whitaker as acting attorney general. Trump did so without the advice and consent of the Senate. Whitaker has been outspoken on Trump’s behalf; it was a transparent attempt by Trump to try to control the Mueller investigation. Unless Whitaker recuses himself, he could take charge of the investigation.
The courts will decide whether Trump’s move to install Whitaker was legal. Paul Rosenzweig, a George W. Bush administration attorney, said of Whitaker’s appointment, “It can’t be the case that the Constitution and its framers, having just fought a war to end kingly tyranny, enabled a king.’”
Tom Goldstein, an attorney who appears frequently before the Supreme Court, wrote, “The framers saw Donald Trump coming almost 250 years ago. They had King George to work from.”
The founders required in Article II, Section 2, Clause 2 the advice and consent of the Senate for the appointment of officers like the attorney general. The Senate confirmation process is a check on the president’s powers. The founders feared that unchecked, a president could act like a king and appoint loyalists and place him or herself above the law.
LAURA ALLEN
Seaside