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Orin Kerr @OrinKerr
, 6 tweets, 2 min read Read on Twitter
This is so many levels of dumb it's sort of hard to know where to begin. axios.com/trump-whitaker…
The first and most obvious level is that Mueller is only a special counsel, while Whittaker is serving in the role as the supervising Attorney General. The point is that the Senate should have a role in approving the supervisor of the special counsel, not the special counsel.
And even if you accept Trump's absurd premise that there is sort of a historical amount of Senate-confirmed-ness that sticks with a person for life, a head-to-head comparison between Whittaker and Mueller doesn't look so good for Whittaker.
In 2004, Whittaker was confirmed as the U.S. Attorney for the Southern District of Iowa. That U.S. Attorney's Office has 24 lawyers, mostly in Des Moines, with some in Davenport and Council Bluffs.
In contrast, Bob Mueller was confirmed as the U.S. Attorney for the District of Massachusetts, the U.S. Attorney for the Northern District of California, the Assistant Attorney General for the Criminal Division, and as Director of the Federal Bureau of Investigation
If there's a inherent level of Senate-confirmedness in a person, I'm thinking that has to go to Mueller, who is the only person I know of for whom Congress actually passed a law just to let him serve an extra time in a Senate-confirmed job. thecaucus.blogs.nytimes.com/2011/07/27/sen…
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