1. Why Whitaker has to go now: Three separate but equal branches? Equal is subject to dispute but for now assume they function within their own separate sets of internal rules. Executive issues Regs subject to Court Review but only Congress can pass laws that Courts can review.
2. The Federal Vacancy Act was created by Congress but did not repeal the Judiciary rules set forth in 28 US Code 508. The Constitution gives control over issuance of warrant to Courts not to Executive branch. Law that Congress has created to confirm who can seek those warrants
3. is in the "Vacancy" provisions of Title 28. This title also set succession if Chief Justice can't serve or dies, 28 USC 3 says the senior associate justice serves pending a new CJ. The President doesn't get to appoint the CJ under the federal vacancy act. It's done by SCOTUS.
4. Congress has determined that AG succession should be determined by 28 USC 508. The Courts get to determine who practice before them and who can authorize warrants under the Constitution. Congress has enacted a law that makes it clear a Senate confirmed principal officer
5. will always run the DOJ. NB There's always an Executive EO issued by @POTUS that says who will be AG if DC is destroyed by a H-Bomb or act of God. It's a list of three US attorneys who are all Senate confirmed. This is not a novel concept. It comports with the law and Const.
7. succession statute. Courts should enforce it & hold: 5 U.S. Code § 3345 - Acting Officer statute, to the extent that 3345(a)(3) is construed to permit an acting Attorney General appointment at odds with Title 28 USC 8 is void. Court needs not reach Constitutional question.
