CRS Report: Who Can Serve as Acting Attorney General

Who Can Serve as Acting Attorney General (LSB10217, Nov. 15, 2018) discusses the two primary arguments raised to challenge the President’s decision to name Whitaker as Acting AG: first, that the Vacancies Act does not apply because another statute, 28 U.S.C. §508, provides that the Deputy Attorney General (DAG) serves as Acting AG in the event of a vacancy and second, that the Appointments Clause prohibits Whitaker, a non-Senate-confirmed official, from serving as the head of the DOJ.

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