NEW: Here’s the OLC opinion on Acting Attorney General Matt Whitaker’s appointment. They were consulted before Jeff Sessions got the boot. huffingtonpost.com/entry/matthew-…
OLC had “previously advised that the President could designate a senior Department of Justice official, such as Mr. Whitaker, as Acting Attorney General.” huffingtonpost.com/entry/matthew-…
OLC had to go back to 1866 to find an example of a non-Senate confirmed acting attorney general. That’s before DOJ was even a thing. huffingtonpost.com/entry/matthew-… 
A senior Justice Department official would not say when the White House sought out advice, and would not comment on any discussions about Whitaker’s potential recusal.
