With Jeff Sessions out, America’s new Acting Attorney General is Matt Whitaker — but he might not yet have the actual powers of his position.
That was a question raised by CBS chief White House correspondent Major Garrett when he was a guest on Wednesday’s Late Show.
Garret told Stephen Colbert that while Whitaker’s new title poses a threat to Special Counsel Robert Mueller’s open investigation — Whitaker has previously condemned the inquiry — his authority may not be fully legitimate.
“This is a Vacancy Act legal question, the Senate hasn’t confirmed him, how can he run a Cabinet agency?” Garrett said. “So this is not just ‘Well, what is he going to do?’ but ‘Can he actually do this?’”