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Today George Conway and Neal Katyal wrote a New York Times op-ed arguing that it is unconstitutional to appoint Matthew Whitaker as Acting Attorney General to replace Jeff Sessions, because Whitaker’s current post did not require Senate confirmation. Indeed, they argued, any action Whitaker takes as Acting AG could be challenged because he is a “constitutional nobody.” But Whitaker has reportedly said he will not recuse himself from overseeing the Mueller investigation, despite his multiple prior public statements condemning it. Just Security’s Marty Lederman offers a primer on the constitutional and statutory issues of Whitaker’s appointment. In Florida, the Tampa Bay Times reports that Sen. Bill Nelson (D) may prevail in a mandatory recount for the U.S. Senate race, and both the governor and agriculture commissioner races are also headed to recounts. And will Bernie Sanders ever shut up?


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