Ken Starr: Federal Law Allows Whitaker Appointment (CQ Roll Call via AP)
By Sandy Fitzgerald | Tuesday, 13 November 2018 01:22 PM
Former independent counsel Ken Starr Tuesday defended the appointment of Matt Whitaker as acting attorney general, saying the Federal Vacancies Act allows a president "tremendous leeway" in who he appoints to fill positions.
"This is the executive branch," Starr, who prosecuted the cases against former President Bill Clinton, told Fox News' "America's Newsroom."
"There is only one key officer in the executive branch. The Constitution, article 2, invests power in him. It doesn't mean it's unfettered power. We understand that the rhetoric aside. Under this law passed by Congress, the president enjoys an enormous amount of discretion."
There are some guidelines, including that the person involved must have been in place and have a certain rating within the Civil Service system, essentially a senior officer, said Starr, and he does believe that subject to that criteria, Whitaker was "properly appointed."
However, according to the statute, Whitaker can't serve indefinitely, said Starr.
"The idea is let's have someone fill it while there is a Senate confirmation process but so the office doesn't remain vacant," said Starr. "Ordinarily it would be the deputy attorney general who would step into the attorney general's shoes ... ordinarily it would be the Deputy Attorney General Rod Rosenstein. But the president saw fit to go in a different direction."
Meanwhile, opponents are warning that Whitaker must recuse himself from oversight of special counsel Robert Mueller's Russia probe, and Starr said the politics can be ugly, but he does know that Whitaker has "integrity."
"There are processes in place and checks," said Starr. "Charles Grassley is chair of the Senate Judiciary Committee and made it very clear he intends to use his authority and that of the United States Senate to protect the Mueller investigation."