Many have also questioned whether Trump could appoint an official who didn't receive Senate confirmation in their current role. . ... A senior Justice Department official told reporters Wednesday morning that prior to Sessions’ ouster and Whitaker’s appointment, Trump had asked..…

The state of Maryland has also challenged Whitaker's appointment, arguing that the post must be held by Senate-confirmed official such as Rosenstein, and Democrats have called the appointment unconstitutional.. Justice Department opinion says that even without Senate,..…

Justice Department said Federal Vacancies Reform Act allows the president to designate non-Senate confirmed senior official like Whitaker to perform the functions and duties of principal offices... ..…