“Conway and Katyal raise valid constitutional concerns,” said John B. Bellinger III, a partner at Arnold & Porter, who previously served as a senior White House lawyer and as the State Department Legal Adviser in the George W. Bush Administration.”

“The problem is not only that Mr. Whitaker does not already hold a Senate-confirmed position, it’s not even clear that he qualifies as an Executive branch ‘officer’ who may be asked by the President to assume the duties of Acting Attorney General because he was not an ‘officer’ exercising significant authority in his position as Chief of Staff.”

“In addition to politicizing the Department of Justice, the President is running a serious risk that any formal actions taken by Mr. Whitaker could be subject to legal challenge and declared invalid.”