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Fifteen attorneys general on Monday filed an amicus brief in support of the motion of the Maryland Attorney General, Brian E. Frosh, prohibiting Matthew Whitaker from performing the duties of Attorney General of the United States.
Whitaker was appointed acting Attorney General following the resignation of former Attorney General Jeff Session in early November. Whitaker previously served as the Session's Chief of Staff and not Deputy Attorney General.
In the amicus brief, Attorneys General of Pennsylvania, District of Columbia, New York, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, New Mexico, North Carolina, Oregon, Virginia and Washington argue that Whitaker is illegal because "it ignores long-standing laws of inheritance and is a violation of Clearly appointed by the Congress of the Deputy Attorney General as Acting Attorney General ", according to a statement by the Attorney General of New York State, Barbara Underwood.
On November 13, Frosh's office filed a motion for a preliminary injunction to prevent Whitaker from acting as Attorney General or to replace Deputy Attorney General Rod Rosenstein as a defendant in an ongoing lawsuit between Maryland and the federal government on the Affordable Care Act.
Read more: Here is a complete chronological chart of the controversial past of AG Matthew Whitaker
Frosh asserts that the appointment of Whitaker violates the provisions of US law 28. Section 508 states that the acting Attorney General must take over in case of resignation of the Attorney General and that the appointment of Whitaker violates the law that stipulates that the Senate must confirm the appointment of "main officials" – Attorney General of the first four stipulated in the Constitution. .
"In this case, the health care of millions of Marylanders and Americans are at stake," Frosh said in a statement. "The prosecution can not go ahead without a legitimate Attorney General, and an acting Attorney General who makes decisions that could affect life and death issues without lawful authorization puts us all in danger."
The amicus report of the 15 Attorneys General supports Maryland and says that the legal uncertainty around Whitaker makes coordination between law enforcement authorities and the Department of Justice difficult, which has consequences for residents of the United States. 14 states and the District of Columbia. .
The Department of Justice did not immediately respond to INSIDER's request for comment Monday night.
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