“Under the law, the person running the Department of Justice
must have been approved by the United States Senate for some previous position.
Even on an interim post,” Napolitano told Fox News’ Dana Perino.
Former Attorney General Jeff Sessions was
dismissed
on Wednesday and Napolitano said his interim replacement should have been
Deputy Attorney General Rod Rosenstein.
While Whitaker was confirmed by the Senate in 2004 when he
was appointed U.S. Attorney for the Southern District of Iowa,
Napolitano said that he was nevertheless ineligible to serve in his current
post as the confirmation was not “for a leadership position in the Justice
Department.”
“Who has been confirmed and who’s next in line? Deputy
Attorney General Rosenstein,” Napolitano added.
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