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Vetted by the senate. mr. whitaker now acting attorney general whitaker, we will find out later today if he is still acting attorney general find out more in a minute was not in a position in the doj where he was appointed by the president or confirmed by the senate. just hired by jeff sessions. chief of staff. the state of maryland is in litigation doj affordable care act. parts of the affordable care act the doj has refused to defend including pre-existing conditions. which the president is now in favor and most of the country is and once matt whitaker came in, and made decisions in that lit...

Kyrsten sinema in arizona to grab a seat from republicans as legitimate? >> yes. i mean, i think at this point what we are see something that, again, there is a huge gap there in terms of senate elect sinema basically gaining ground and really making sure that gap had widened. so at this point it looks like arizona, she seems to have won that race. and, again, one of the things president trump has talked about is bipartisan and working with democrats. steve: all right. and it looks like mr. whitaker, the acting ag could face a court challenge today because he was appointed illegally. the white...

Has the attorney general of the united states ever been removed by a federal judge because the appointment was illegal? no. this would be a first. but i believe that the maryland argument is the correct one. this person is not legal little qualified to be attorney general under the statutes the congress has written. brian: the "wall street journal" today says the justice department can d. a review and they backed the whitcher appointment. they said it's constitutional. >> well, look, i realize there are arguments on both sides and i also realize that firing jeff sessions is very destabilizing ...