Matthew Whitaker is unfit to serve as acting U.S. attorney general. The Appointments Clause of Article II, section 2, clause 2 prohibits his appointment by President Donald Trump without Senate confirmation. Therefore, every action taken by Mr. Whitaker sits under a legal cloud, including domestic and foreign electronic surveillance warrants.
Mr. Whitaker's appointment exemplifies life imitating art. Prior to his meteoric ascent to Acting Attorney General at age 49, Mr. Whitaker owned a daycare center, a concrete supply business, and a trailer manufacturer. He spearheaded an endeavor to build affordable housing in Des Moines with government subsidies. His ultra-thin credentials for serving as Acting Attorney General hearkens back to a stanza in Sir Joseph Porter's song in H.M.S. Pinafore:
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