On Tuesday, in litigation related to the Affordable Care Act in the U.S. District Court for the District of Maryland, the state of Maryland filed a motion to substitute the acting attorney general for former Attorney General Jeff Sessions as a defendant. In the motion, the state asks the judge for expedited consideration declaring Matthew Whitaker is not the lawful acting attorney general. The motion is below.
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As was long anticipated, President Trump this week sacked Attorney General Jeff Sessions and designated Matthew Whitaker as acting attorney general. Others have debated the legality of Whitaker’s designation, and whether he is disqualified from supervising Special Counsel Robert Mueller’s investigation. But apart from legality, the present circumstances pose a crucial test of character for Whitaker and others.