The president attacked Rep. Adam Schiff (D-Calif.), referring to him as “little Adam Schitt,” for calling out the fact that Whitaker’s appointment as acting attorney general was not confirmed by the Senate ― an omission many legal experts have described as unconstitutional.
“So funny to see little Adam Schitt (D-CA) talking about the fact that Acting Attorney General Matt Whitaker was not approved by the Senate, but not mentioning the fact that Bob Mueller (who is highly conflicted) was not approved by the Senate!” Trump tweeted.
Schiff fired back on Twitter minutes later.
“Wow, Mr. President, that’s a good one,” tweeted Schiff, likely the next chairman of the House intelligence committee. “Was that like your answers to Mr. Mueller’s questions, or did you write this one yourself?”
Trump’s latest defense of Whitaker appears to rely on the false premise that Mueller needed Senate approval to be appointed to lead the investigation into Russian interference in the 2016 election and whether the president obstructed justice. But unlike attorneys general, special counsels do not require Senate confirmation, according to legal experts.
Citing the appointments clause in Article II, Section 2 of the U.S. Constitution, Alan B. Morrison, co-founder of Public Citizen Litigation Group, wrote on Friday that an attorney general must be nominated for that position and confirmed by the Senate if she or he is to carry out all the duties of that office.
It’s possible Trump on Sunday was referring to Mueller’s past role as FBI director. But Mueller was easily approved by the Senate to lead the bureau in 2001.
The White House did not immediately respond to a request for comment about whether Trump’s “Schitt” typo was intentional or whether the president is aware Mueller did not need Senate approval to be appointed to the special counsel.
Earlier Sunday, Schiff called Whitaker’s appointment “unconstitutional” during an appearance on ABC’s “This Week.”
“He’s clearly a principal officer and the fact that he is a temporary principal officer doesn’t mean that is any less subject to Senate confirmation,” Schiff said. “Constitutionally, it has to be subject to confirmation.”
Whitaker’s appointment is “also in conflict with a more specific statute and that is: There is a succession statute for the Justice Department,” Schiff added. “It’s a flawed appointment but the biggest flaw, from my point of view, was that he was chosen for the purpose of interfering with the Mueller investigation.”
Trump announced Whitaker was replacing Jeff Sessions as attorney general on Nov. 7, prompting backlash from lawmakers on both sides of the aisle. Whitaker, a former federal prosecutor, has been a sharp critic of the Mueller investigation, though Trump has repeatedly denied knowing this prior to appointing him to oversee the probe.