federal law allows the appointment of mister whitaker.he opinion of the justice department, you recognize this is been done since the beginning of the country. george washington and other early presidents since the nation's founding appointed people in similar circumstances as mister whitaker to run cabinet agencies. in the 1800s, 850 times. there is a lot of anti-trump legal analysis to try to undermine mister whitaker. i don't think people are comfortable with the fact the justice department is being run by an appointee of donald trump as opposed to robert mueller. heather: top democrats, their argument, they were not given an opportunity to properly that mister whitaker's background so serious questions are arising about his fitness to serve in that position. >> it is a temporary position. he will have to leave the acting attorney general position for senatorial confirmation but in the meantime it is standard operating procedure to have temporary appointments and circumstances like this. heather: another delay tactic from democrats? >>

for these reasons and others mister whitaker should recuse himself from overseeing the mueller investigation and wehe i cannot wait for that action we are asking our colleagues today to take critical steps to protect the special counsel and future special counsel by supporting importance and integrity act senator booker or myself a bipartisan bill and the chairman senator grassley passed with a strong bipartisan margin we had a hearing and a markup ready for committee action and while i appreciate repeated assurances of the majority leader and many other senators it is not needed because we are confident the president will take no inappropriate action to interfere with the ongoing investigation. why would we not take the simple preventative measuresu with his repeated actions and statements about the mueller investigation why pose a risk with a simple vote here on the floor and if the special counsel is removed it has the opportunity to challenge in court they would have two weeks to determine the removal based on good cause if they don't find do cause the council isdo reinstated and then th

i did not know mister whitaker.e i did not know mister whitaker except primarily as he trialed with ag sessions, no social contact. katherine herridge tells us where things stand for whitaker tonight. >> reporter: according federal trade commission records in the 2014 media release, matt whitaker was on the advisory board of a -- $26 million by the ftc, the press release quotes whitaker saying as a former us attorney i would only align myself with a first-class organization, marketing goods beyond statements about doing business ethically and translate them into action. ftc investigation found the company, quote, allegedly built millions from consumers and suppressed criticism. >> he was very highly thought of and still is highly thought of. >> donald trump defended whitaker's credentials. >> this comes up because anybody that works for me they do a number on them. >> distancing himself whitaker despite an earlier acknowledgment. >> in all fairness to matt whitaker who i didn't know other than through reputation. i

i will now ask a series of yes or no questions to the ftc seek a subpoena for mister whitaker in the world patent marketing case this was done before any of us showed up at the commission i don't have the details it was quite extensive but i would be more than happy to talk to have brief you on the details i would really like to have solid answers. if you don't have a copy of the letter, . >> i have not seen it yet. >> but are you fine with the request quick. >> we are. >> you will give us everything you are giving them? . >> we will. and brief us on the details but additionally with the enforcement of the stipulated errors of the marketing to notify both the majority and minority staff on this committee? . >> the only reservation i had general counsel told me if i cannot do it but absent that, yes. >> but if that happens. >> you know, how i would be extremely concerned. >> i am not sure you're even appointing to your general counsel ff. >> any intervention is something i would be very allergic to. >> i have no concern of any of my colleagues including the chairman engaging in any sp

. >> i insist the document be preserved in this transition and also demand the recusal of mister whitakerho has demonstrated a clear conflict of interest. we may have been more powerless in the past but that is not the case now. >> reporter: democrats highlighted whitaker's july 17th interview about cutting funding for special counsel robert mueller. jeff sessions without. >> a recess appointment, that attorney general doesn't fire bob mueller but reduces the budget so low the investigation grinds to a halt. >> reporter: with the president after session's resignation whitaker oversees the justice department and the special counsel russia investigation. march 17th recusal from the probe drove a wedge between himself and the president. >> there will be an investigation, to obstruct the investigation. >> reporter: the justice department shakeup was about disruption. >> it is commendable and notable to argue for continuum by having the chief of staff beauty attorney general and their on-the-job be the acting attorney general to a permanent replacement to be nominated and keeping in his job as

. >> the idea the left to sing mister whitaker should refuse himself is ridiculous.nk about this. rod rosenstein is everything the mueller investigation, rod rosenstein wrote the memo for firing comey, overseeing special counsel mueller who is looking into the firing of comey. we said he should recuse himself a long time ago but somehow because whitaker wrote something a long time ago critical of the special counsel he does have do -- makes no sense. i hope they investigate the things you are talking about because that is when one party used opposition research document by the other party to go to a pfizer court to spy on the president's campaign that is as wrong as it gets. rob: the special counsel investigation has been going on for 18 months. jillian: nancy pelosi says she is 100% confident she will be the next house speaker after democrats retake control of the chamber. >> it is an urgency i can't resist. if hillary clinton had won the affordable care act would be protected and i could go home. we always want to go home but that didn't happen sadly for our countr

the constitutionality of mister whitaker's designation is supported by supreme court precedent, acts and countless examples of executive practice. under the justice farm in succession statute the acting attorney general's job, rod rosenstein who until recently oversaw the robert mueller probe. the office of legal counsel found the president may use vacancy reform act as an alternative which is recognized and used by presidents bush and obama. this turn to the impact on special counsel mueller. >> we went to make sure the acting attorney general does not interfere with the mueller investigation and we believe a republican colleagues will join us. >> don't know how the president feels about the mueller investigation but he never said he wants to shut it down. i never heard anybody say they want to shut it down. >> reporter: before the midterms rosenstein what does it scrutiny he was under allegations of secret recording the president and removing him from office. republican house chairman says they want rosenstein under a fry transcript interview before the democrats take over. >> we a

confirmation is not required if the appointment is temporary writing the constitutionality of mister whitaker's resignation is supported by supreme court precedent, by acts of congress in 3 different countries and executive practice. under the justice department succession statute after attorney general jeff sessions resigned the acting position falls to his deputy, rod rosenstein. he recently oversaw robert mueller's investigation. the office of legal counsel found presidents may use the vacancy reform act as an alternative which was recognized and used by president bush and obama. earlier today more reaction on the hill. >> we went to make sure the acting attorney general does not interfere with the mueller investigation. >> how the president feels about the mueller investigation, he never said he wants to shut it down. i never heard anybody say they want to shut it down. it is in no danger. >> before the midterms rosenstein was under scrutiny about allegations of secretly recording the president in may 2017 and invoking the 25th amendment to remove donald trump from office. the republican ch

. >> if you like to have a fellow iowan to tell another iowan of mister whitaker, i know him well that he ought to forget that. i'm not a lawyer but marbury versus madison is the basis of the judicial branch checking the other two as far as i'm concerned. senator booker do you want five more minutes. >> i will take whatever you will give me. >> go ahead. >> when i asked when mister christy was governor you said you were no longer at the us attorney's office but in 2011 when you were with governor christie so that earlier response made it seem like you had nothing to do with any of this but you were there with governor christie at that time when this occurred. are you not? to make those responses that i made, first i have no knowledge about i am very limited in my understanding of the specifics. i have a recollection of reading about it but was never involved as prosecutor attorney for the governor. >> read the chief counsel at this time when the settlement occurred? >> serving as his deputy chief counsel in 2011. >> no discussion with him about this settlement for $5 million over $3 mi

. >> mister whitaker, as fair and impartial as eric holder and loretta lynch were. >> subjecting himselfsame scrutiny attorney general sessions did which is the ethics office in the justice department and that is more than i can say about washington. should recuse himself. maria: joining the is andrew mccarthy, thanks for joining us. >> good morning. maria: your new take on the acting attorney general. i these concerns legitimate? >> i don't think concerns about the public statements he has made are legitimate. i took a pretty close look at them. he hasn't said anything to denigrate mueller's investigation. what he said is obviously true which is mueller should stay in his lane, what this investigation is about is russia and that it shouldn't devolve into something like a fishing expedition or what deputy attorney general rosenstein calls and unguided missile. his thing has been let's keep it within the parameters of russia. i don't see that there's anything wrong with that. i don't think those public comments will go anywhere. maria: at this point as acting ag one of his first items on