Democrats file lawsuit against Trump over Whitaker, accuse president of violating Constitution

• Several top Democratic senators on Monday filed a lawsuit against President Donald Trump in a federal court in Washington, DC, over the appointment of acting Attorney General Matthew Whitaker.
• The senators - Richard Blumenthal, Sheldon Whitehouse, and Mazie Hirono - alleged Trump violated the Constitution in his appointment of Whitaker, given the Senate was never consulted.
• The senators said, "If allowed to stand, Mr. Whitaker's appointment would create a road map for the evasion of the constitutionally prescribed Senate advice-and-consent role."

Several top Democratic senators on Monday filed a lawsuit against President Donald Trump in a federal court in Washington, DC, over the appointment of acting Attorney General Matthew Whitaker.

The senators - Richard Blumenthal, Sheldon Whitehouse, and Mazie Hirono - alleged Trump violated the Constitution in his appointment of Whitaker given the Senate was never consulted, and have sued to block him from serving as acting attorney general.

Prior to being elevated by Trump to the role of acting attorney general, Whitaker was chief of staff for former Attorney General Jeff Sessions, which is a position that does not require the advice and consent of the Senate.

The senators who filed the lawsuit take issue with this, in the sense Whitaker was effectively granted the powers of the office of attorney general without Congress having any say in the matter.

"The constitutional requirement that principal federal Officers be appointed only with the Senate's 'Advice and Consent'... was adopted by our nation's Founders as an important check on the power of the President," the lawsuit states. "The US Senate has not consented to Mr. Whitaker serving in any office within the federal government, let alone the highest office of the DOJ."

The senators added, "If allowed to stand, Mr. Whitaker's appointment would create a road map for the evasion of the constitutionally prescribed Senate advice-and-consent role."

There are widespread concerns Trump only appointed Whitaker to undermine special counsel Robert Mueller's investigation into Russian election interference. Whitaker has publicly criticized the scope of the investigation, which Trump frequently refers to as a "witch hunt."

Whitaker's appointment came under controversial circumstances given Sessions was asked by Trump to resign, and his departure was announced just one day after the 2018 midterm elections. Trump had long criticized Sessions for recusing himself from the Russia investigation, but there are now calls for Whitaker to recuse himself as well.

Read more: In a 'self-defeating and self-incriminating' slipup, Trump just indicated he installed Matthew Whitaker to kill the Russia probe

In a recent interview with The Daily Caller, Trump appeared to suggest he tapped Whitaker to be acting attorney general to kill the probe into Russian election interference.

"As far as I'm concerned, this is an investigation that should have never been brought," Trump told The Daily Caller. "It should have never been had ... It's an illegal investigation."

He then added: "And you know, it's very interesting because when you talk about not Senate confirmed, [the special counsel Robert Mueller] is not Senate confirmed."