Is Trump’s appointment of Whitaker actually unconstitutional?

There's a couple of questions about his appointment that make it fishy at best.

First, there's the question of why the Deputy Attorney General wouldn't take over his duties until a Senate confirmation. According to 28 USC § 508, in case of a vacancy, that's exactly what happens.

Then we have the Federal Vacancies Reform Act. To summarize, when a Senate-confirmation executive position resigns:

  1. The assistant to the position takes over. That has not happened.

  2. The president may appoint another person with a Senate-confirmed position to serve in that position for a limited time. That's a no on that as well.

  3. The president may appoint another person in the agency to serve in that position for a limited time. Again, no.

I can't find a single justification for Matt Whitaker to be serving in the Attorney General position without Senate approval.

/r/PoliticalDiscussion Thread