Tuesday on MSNBC’s “Live,” Harvard Law professor Laurence Tribe said the state of Maryland’s lawsuit against President Donald Trump’s “phony” acting Attorney General Matthew Whitaker had merit.
Tribe said, “The fact is that this a lawsuit brought against Attorney General Sessions and the commissioner of Internal Revenue and the head of HHS because of the way they are enforcing, or failing to enforce, the Affordable Care Act. And if the state of Maryland is right, and I think it is, Jeff Sessions no longer being there requires that there be a legitimate acting attorney general. Otherwise, they’re engaged in shadow boxing. If they’re shadowboxing against someone whose every act is eventually going to be declared null and void, namely the phony acting Attorney General Matt Whitaker, then they’re irreparably harmed.”
He added, “They really had no choice other than to ask the judge not just to change some words on the caption, but to give them a legitimate opponent. Their view is that the legitimate opponent is Rod Rosenstein, who is, as a matter of law, the acting attorney general, even though the president thinks he’s appointed somebody else to that job. So I think it’s a front door lawsuit, and I think the door was wide open. I think the judge should say walk right through.”
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