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Two Asian American lawyers say Trump actions to replace Sessions is ‘unconstitutional’

Constitution

Views from the Edge

For the second time in less than a month, George Conway, the husband of White House adviser Kellyanne Conway, joined with former U.S. Solicitor General Neal K. Katyal to give a fiery critique of Donald Trump’s actions.

The staunch conservative lawyer who made a name for himself by his work attacking former President Bill Clinton in the Monica Lewinski incident, and Katyal, who worked under President Barack Obama, co-wrote an oped in the New York Times calling Trump’s appointment of Matthew Whitaker as acting attorney general “unconstitutional.”

The two Asian American lawyers representing opposite ends of the political spectrum, jointly wrote another oped that appeared in the Washington Post arguing the illegality of Trump’s proposal to overturn the “birth right” provision of the 14th Amendment.

“President Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid,” wrote the two lawyer in the oped published Thursday.

The basic argument the lawyers make is that the position of acting Attorney General should be confirmed by the U.S. Senate. By appointing Whitacker, Trump is evading the process mandated by the Constitution.

Senate confirmation exists for a simple, and good, reason,” write Conway and Katyal.

Conway, George (left) and Neal Katyal

“Constitutionally, Matthew Whitaker is a nobody. His job as Mr. Sessions’s chief of staff did not require Senate confirmation,” continued the opinion piece.

For the past year, Conway has become more outspoken in his criticism of his wife’s boss. Through a series of articles and social media, he has lambasted Trump’s attacks on the media, Trump’s “shameless” lying, criticized the firing of former FBI director James Comey and Trump’s attempts to end the Mueller probe of Russia’s alleged connections with the Trump campaign.

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