The US Justice Department has defended the legality of President Donald Trump's appointment of Acting Attorney General Matthew Whitaker, saying he has the authority to name a replacement for the fired Jeff Sessions outside of the department's line of succession.
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In a legal opinion sent to the White House on Wednesday, the department said that the president can "depart from the succession order" that was established by one federal law by using a separate law.
Critics have accused Trump of overstepping his constitutional authority and breaking federal law in his appointment of Whitaker last week after forcing Sessions to resign as attorney general.
The state of Maryland launched a court challenge on Tuesday to Whitaker's appointment.
The Justice Department's legal opinion, coming a week after Trump made the appointment, said the Republican president was on solid constitutional ground in taking the action.
Before ousting him, Trump had repeatedly criticised Sessions for recusing himself in March 2017 from the federal investigation, now headed by Special Counsel Robert Mueller, into Russia's role in the 2016 US election, a probe Trump has called a "witch hunt."
Congressional Democrats have voiced concern that Whitaker, a Trump loyalist, could undermine or even fire Mueller.
The department's legal opinion did not address whether Whitaker will recuse himself from the Russia investigation.
Australian Associated Press