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Confirmed and the department of justice succession regulations usually provide that the person appointed as acting attorney general be a senate confirmed individual. so look, if the president's going to back away from this, he should just go all the way and he should withdraw mr. whitaker from the acting attorney general position. and he should appoint somebody as deputy attorney general or one of the other assistant attorney generals who has already been senate confirmed. but there are both statutory and constitutional arguments violating, that it would be a violation of the appointments clau...

Hours on this particular point. the old case, the historical case that steve cites is a little different circumstances. in that case, the person, it was a very temporary appointment. and there is no indication that this would be a specific short-term, very short-term, in exceptional circumstances. the difference is that there will other senior senate confirmed individuals available to assume this position. most logically, the deputy attorney general. >> so regardless, he is, right now, acting attorney general, and the fact that the president skipped people, like the current deputy a.g. and oth...