21:59 GMT +315 December 2018
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    U.S. President Donald Trump and Attorney General Jeff Sessions attend the National Peace Officers Memorial Service

    US State of Maryland Challenges Legality of Trump Acting Attorney General Pick

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    WASHINGTON (Sputnik) - US President Donald Trump’s failure to appoint Deputy Attorney General Rod Rosenstein to take over the Justice Department in an acting role violates constitutional laws, the state of Maryland said in a court filing on Tuesday.

    "As demonstrated in the Memorandum, the appointment of Whitaker as Acting Attorney General instead of Deputy Attorney General (Rod) Rosenstein violates the Attorney General Succession Act, 28 U.S.C. 508, as well as the Appointments Clause of the Constitution, U.S. Const. art. II, 2, cl.," the filing said. "An injunction is warranted because the plaintiff is likely to show that Whitaker's appointment is unlawful."

    READ MORE: On the Way Out, Sessions Gives Green Light to Unfettered Police Abuse

    The state of Maryland also argues that Whitaker's appointment will cause irreparable damage and that appointing Rosenstein as Acting Attorney General would be in the immense public interest.

    The state also requested that the court issue an order declaring Rosenstein the acting Acting Attorney General.

    Last week US Attorney General Jeff Sessions resigned at Trump’s request. Trump in a Twitter post said Matthew Whitaker would fill the role of acting attorney general until a permanent replacement is found. Several lawmakers said such an appointment requires congressional approval.

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    Rod Rosenstein, Jeff Sessions, Donald Trump, United States, Maryland
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