Matthew Whitaker (attorney)

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Matthew Whitaker
Matthew G. Whitaker official photo.jpg
Acting United States Attorney General
Assumed office
November 7, 2018
PresidentDonald Trump
DeputyRod Rosenstein
Preceded byJeff Sessions
Chief of Staff to the United States Attorney General
In office
September 22, 2017 – November 7, 2018
Attorney GeneralJeff Sessions
Preceded byJody Hunt
Succeeded byGary Barnett
United States Attorney for the Southern District of Iowa
In office
June 15, 2004 – November 25, 2009
PresidentGeorge W. Bush
Barack Obama
Preceded byStephen Patrick O'Meara
Succeeded byNicholas A. Klinefeldt
Personal details
BornMatthew George Whitaker
(1969-10-29) October 29, 1969 (age 49)
Des Moines, Iowa, U.S.
Political partyRepublican
EducationUniversity of Iowa (BA, JD, MBA)

Matthew George Whitaker (born October 29, 1969) is an American lawyer and politician serving as Acting United States Attorney General since November 7, 2018. He was appointed by President Donald Trump on November 7, 2018, after Jeff Sessions resigned at Trump's request.[1] Whitaker served as a U.S. Attorney during the Bush Administration and served as Chief of Staff to Sessions from September 2017 to November 2018.[2]

In 2002, Whitaker was the candidate of the Republican Party for Treasurer of Iowa. From 2004 to 2009 he served as the United States Attorney for the Southern District of Iowa. Whitaker ran in the 2014 Iowa Republican primary for the United States Senate. He later wrote opinion pieces and appeared on talk-radio shows and cable news as the director of the Foundation for Accountability and Civic Trust, a conservative advocacy group.

The legality of Whitaker's appointment as Acting U.S. Attorney General was challenged by the State of Maryland.[3][4] His appointment prompted a number of legal scholars, commentators, and politicians to question its legality and constitutionality, noting that his selection circumvented Senate confirmation.[5] Some also called for Whitaker to recuse himself from overseeing the Special Counsel investigation led by Robert Mueller because of his public criticisms of the probe and his ties to Trump, and to Sam Clovis, a witness in the investigation.[6][7][8]

After Whitaker took office, reports surfaced of his prior involvement with World Patent Marketing, which had been fined $26 million and shut down by federal regulators in 2017 for deceiving consumers.[9][10]

Early life and education[edit]

Whitaker was born in Des Moines, Iowa, on October 29, 1969. His mother was a schoolteacher and his father a car salesman. Whitaker graduated from Ankeny High School and attended the University of Iowa, from which he graduated with a bachelor's degree in communications, a Master of Business Administration, and a law degree in 1995.[11] While in college he wanted to be in the film industry.[12]

During his undergraduate years at Iowa, Whitaker played tight end for the University of Iowa Hawkeyes football team, appearing in Iowa's Rose Bowl game in 1991.[13]

Career[edit]

After graduating from law school, Whitaker worked for a number of regional law firms including Briggs & Morgan (Minneapolis) and Finley Alt Smith (Des Moines). He was also corporate counsel for a national grocery company, SuperValu, and small businessman owning interests in a trailer manufacturing company, a daycare, and a concrete supply company.[14] Whitaker ran as a Republican for Treasurer of Iowa in 2002, losing to incumbent Democrat Michael Fitzgerald by 55% to 43%.[15]

In 2003, Whitaker founded “Buy The Yard Concrete,” based in Urbandale, Iowa which did projects as far away as Las Vegas. In 2005, Whitaker was named as a defendant to a collections lawsuit in Nevada for $12,000 in unpaid invoices for supplies and equipment rentals related to a concrete project in Las Vegas. The lawsuit was settled out of court.[16]

Whitaker's U.S. Attorney portrait

United States Attorney[edit]

On June 15, 2004, Whitaker was appointed U.S. Attorney for the Southern District of Iowa by President George W. Bush. The appointment was at the recommendation of Iowa Senator Chuck Grassley, in spite of Whitaker's minimal relevant legal experience.[17]

From 2005 to 2007, Whitaker was responsible for the unsuccessful investigation and prosecution of Iowa State Sen. Matt McCoy, a gay, liberal Democrat, on charges of attempting to extort $2000.[18] A columnist for the Des Moines Register said that the case "... was based on the word of a man former associates depicted as a drug user, a deadbeat and an abuser of women; a man so shady even his Alcoholics Anonymous sponsors called him 'a pathological liar.'"[19][20] The jury took less than two hours to return a verdict of "not guilty".[21][22]

Whitaker resigned in November 2009 following the Senate confirmation of his replacement, Nicholas A. Klinefeldt, who was nominated by President Barack Obama.[13][23]

Private practice and political activities[edit]

From 2009 to 2017, Whitaker was a managing partner of the small general practice law firm Whitaker Hagenow & Gustoff LLP (now Hagenow & Gustoff LLP) in Des Moines, Iowa.[24]

During the 2012 presidential campaign, Whitaker was Minnesota governor Tim Pawlenty's co-chairman in Iowa, and then state co-chairman for Texas governor Rick Perry.[25]

Whitaker was a candidate for the Republican nomination in the 2014 United States Senate election in Iowa, a seat being vacated by Democrat Tom Harkin. He came in fourth in the Republican primary in June, with 11,909 votes (7.54%). The nomination was won by Joni Ernst, who went on to win the general election.[26]

After losing the Republican primary, Whitaker chaired the campaign of Sam Clovis, another unsuccessful primary candidate who had been selected, later in June, to run for Iowa State Treasurer.[27] Clovis lost in the November 2014 general election.[28][29][30]

MEM Investment[edit]

In 2012, Whitaker and two partners used their company, MEM Investment, to purchase and develop an affordable-housing apartment building in Des Moines.[31] In 2014, the partnership reverted to just Whitaker. By spring of 2016, the company failed to deliver on the contracted renovation, the city terminated the loan agreement, Lincoln Savings Bank declared MEM in default of the $687,000 mortgage, and the property was sold to another developer for completion.[32][33]

World Patent Marketing[edit]

In 2014, Whitaker joined the board of World Patent Marketing (WPM) which was a fraudulent invention promotion firm based in Florida that deceived inventors into thinking that the company had successfully commercialized other inventions.[34][35][36] In March 2017, the Federal Trade Commission charged the company with fraudulently deceiving consumers and suppressing complaints through intimidation and the use of gag clauses.[36][37][38] In May 2018, a federal court ordered the company to close and pay a $26 million fine.[39] Many customers suffered significant losses as a result of working with the company[9][40] and when they tried to recoup their fees, the company used Whitaker's background as a U.S. Attorney to threaten them. In a 2015 email mentioning his background as a former federal prosecutor, Whitaker told a customer that filing a complaint with the Better Business Bureau or "smearing" the company online could result in "serious civil and criminal consequences."[41][42] The owner of Ripoff Report told The Wall Street Journal that Whitaker had called him in 2015 demanding his website take down negative reports about WPM, alleging, "He threatened to ruin my business if I didn’t remove the reports. He [said he] would have the government shut me down under some homeland security law."[43][44] The company contributed to Whitaker's 2014 US Senate campaign.[45] Whitaker performed almost $17,000 in compensable work for the company.[46] In 2017 FTC investigators examined whether Whitaker had played any role in making threats of legal action to silence the company's critics. Whitaker rebuffed an FTC subpoena for records in October 2017, shortly after he had joined the Justice Department.[47]

White House and senior Justice Department officials were surprised to learn of Whitaker's connection to the company.[48] Through a DOJ spokesperson, Whitaker has denied awareness of the company's fraud.[9] The court receiver in the case said he has “no reason to believe that [Whitaker] knew of any of the wrongdoing.”[48] As of November 2018, the FBI is still investigating World Patent Marketing.[49]

Foundation for Accountability and Civic Trust[edit]

From October 2014 to September 2017, Whitaker was the executive director of the Foundation for Accountability and Civic Trust (FACT),[50] and the organization's only full-time employee in 2015 and 2016.[51] FACT, founded in late 2014, is a conservative nonprofit organization specializing in legal and ethical issues related to politics.[52][53] The group was backed by $1 million in seed money from conservative donors, who Whitaker declined to identify to the media.[54] According to the organization's first tax return, its funding — $600,000 in 2014 - came from a conservative donor-advised fund called DonorsTrust, a pass-through vehicle that allows donors to remain anonymous.[55]

While Whitaker was the head of FACT, the organization had a special focus on the Hillary Clinton e-mail controversy and perceived favoritism in the business dealings of Clinton.[56] Despite claiming to be nonpartisan, the organization called for ethics investigations into or filed complaints about forty-six different Democratic politicians, officials, and organizations, compared to only a few Republicans.[57] FACT has been described as using "the legal system as a political weapon"[58] and characterized, by a GOP operative, as a "chop shop of fake ethics complaints".[59] During this time, Whitaker wrote opinion pieces that appeared in USA Today and the Washington Examiner, and appeared regularly on conservative talk-radio shows and cable news.[60]

CNN contributor[edit]

Whitaker aspired to become a judge in Iowa, and hoped his media appearances would catch the eye of the Trump administration.[25] For four months, from June to September 2017, he was a CNN contributor.[61] One month prior to joining the Justice Department, Whitaker wrote an opinion column for CNN titled "Mueller's Investigation of Trump is Going Too Far."[62] He stated that Mueller's investigation was a "lynch mob", that it should be limited, and that it should not probe into Trump's finances.[63][64]

Legal and policy views[edit]

Constitutional issues[edit]

Whitaker stated in a question-and-answer session during his 2014 Iowa Senatorial campaign that "the courts are supposed to be the inferior branch."[65][66] Whitaker was critical of the United States Supreme Court's decision in Marbury v. Madison (1803), the decision that allows judicial review of the constitutionality of the acts of the other branches of government, and several other Supreme Court holdings. Harvard Law professor Laurence Tribe commented on Whitaker's views that "the overall picture he presents would have virtually no scholarly support," and that they would be "'destabilizing' to society if he used the power of the attorney general to advance them."[65]

Whitaker also stated during his 2014 Senate bid that he would not support "secular" judges and that judges should "have a biblical view of justice." Asked if he meant Levitical or New Testament justice, he replied "I’m a New Testament."[67] Whitaker's answer has been interpreted by various individuals and groups, including the Anti-Defamation League, to imply that he would disqualify non-Christian judges, and were condemned as unconstitutional. An ADL spokesperson said, “The notion that non-Christian judges are disqualified from service is patently wrong, and completely inconsistent with the U.S. Constitution, which explicitly bars any religious test for public office."[68]

Whitaker stated in 2013 he supports the right of states to nullify federal laws.[69] Stephen Vladeck, a University of Texas law professor, stated that Whitaker's views on nullification are "irreconcilable not only with the structure of the Constitution, but with its text, especially the text of the Supremacy Clause," and added that "For someone who holds those views to be the nation's chief law enforcement officer, even temporarily, is more than a little terrifying."[69]

Criticisms of 2017 Special Counsel investigation[edit]

During the months prior to joining the Justice Department as Jeff Sessions' chief of staff in September 2017, Whitaker made several statements critical of the Mueller investigation, of which he assumed oversight responsibility upon being appointed Acting Attorney General in November 2018. By July 2017, the Trump White House was interviewing Whitaker to join the Trump legal team.[70] During a six-month span in 2017, Whitaker insisted that there was no obstruction of justice or collusion and criticized the initial appointment of the special counsel. He also called the probe "political"[71] and "the left is trying to sow this theory that essentially Russians interfered with the U.S. election, which has been proven false.”[72] He also published an op-ed titled, "Mueller's Investigation of Trump Is Going Too Far"[73] in which he expressed skepticism about the investigation generally and called the appointment of Mueller "ridiculous."[72] Through social media, he also promoted an article that referred to the investigation as a "lynch mob."[63][73][74]

Relationship with Donald Trump[edit]

Trump saw Whitaker's supportive commentaries on CNN in the summer of 2017, and in July White House counsel Don McGahn interviewed Whitaker to join Trump's legal team as an "attack dog" against Robert Mueller, who was heading the Special Counsel investigation. Trump associates believe Whitaker was later hired to limit the fallout of the investigation, including by reining in any Mueller report and preventing Trump from being subpoenaed.[70] On November 13, Whitaker sought advice from ethics officials at the Department of Justice (DOJ) about whether a recusal from overseeing the Russia investigation was warranted.[75]

In 2017 Whitaker provided private advice to Trump on how the White House might pressure the Justice Department to investigate the president's adversaries, including appointing a special counsel to investigate the FBI and Hillary Clinton.[76]

Leonard Leo of the Federalist Society recommended Whitaker to McGahn as chief of staff for Sessions, and Whitaker was installed into that role at the direction of the White House. Sessions, it is reported, did not realize for a year that Whitaker wanted to replace him.[77]

By early September 2018 Whitaker was on the short list of President Trump's White House staff as the replacement for Don McGahn as the White House Counsel.[78][79]

In September 2018, White House Chief of Staff John Kelly referred to Whitaker as the White House's "eyes and ears" in the Justice Department, which the president considered himself at war with.[80]

Trump had spoken with Whitaker in September 2018 about potentially assuming Sessions's role as Attorney General, although it was not clear whether Whitaker would take over on an interim basis or be nominated in a more permanent capacity.[81] At that time, The New York Times described Whitaker as a Trump loyalist who had frequently visited the Oval Office and as having "an easy chemistry" with Trump.[80] Whitaker was referenced by White House staff after a New York Times article disclosed in September that Rod Rosenstein had discussed secretly taping his conversations with the president and talked about using the Twenty-fifth Amendment to remove Trump from office.[73]

Trump repeatedly stated on November 9, "I don't know Matt Whitaker," contradicting remarks a month prior on Fox & Friends when he said, "I can tell you Matt Whitaker’s a great guy. I mean, I know Matt Whitaker."[82][83][84] The president met with Whitaker at least ten times and frequently talked to him on the phone, and according to a former and a current administration official, Whitaker advised Trump in private on how to potentially pressure the Justice Department into investigating Trump's adversaries.[85]

Other policy Issues[edit]

Whitaker has ties to the evangelical Christian community, his website previously stated that he is a "Christian who regularly attends church with his family, Matt has built a life on hard work and free enterprise" and he stated in 2014 that “life begins at conception.”[86][87][88] In 2014 he advocated for reducing the influence of the government saying, "I know that the government forcing people to violate their faith must never be tolerated. In the Senate, I will be a steadfast protector of every American's religious rights."[89]

He has expressed a desire to get rid of chain immigration and is against "amnesty" for illegal immigrants.[90] Whitaker argued in 2014 that expressing homophobic comments is legitimate expression of religious beliefs that should be protected speech, saying “I just really think this case is a prime example of where religious freedom in our country is under assault and we need to send a strong message.”[91] Whitaker supported repealing the Affordable Care Act in his 2014 Senate campaign.[73]

Department of Justice[edit]

Chief of Staff[edit]

On September 22, 2017, a Justice Department official announced that Sessions had appointed Whitaker to replace Jody Hunt as his chief of staff.[63][92] George Terwilliger, a former U.S. attorney and deputy attorney general, said in his role as chief of staff, Whitaker would have dealt daily with making "substantive choices about what is important to bring to the AG...."[93]

Acting Attorney General[edit]

With the resignation of Sessions on November 7, 2018, Whitaker was appointed to serve as Acting Attorney General under the Federal Vacancies Reform Act of 1998.[11][94] The Acting Attorney General directly supervises Robert Mueller's Special Counsel investigation, which had previously been supervised by Deputy Attorney General Rod Rosenstein in his role as Acting Attorney General, due to the recusal of Attorney General Jeff Sessions.

Supervision of the Special Counsel investigation[edit]

Soon after Whitaker's appointment as Acting Attorney General, a "broad and growing array" of legal experts expressed concern.[95] New York University law professor Ryan Goodman and Walter Shaub, former director of the U.S. Office of Government Ethics, argued for Whitaker to recuse himself from supervising the investigation, citing potential conflicts of interest such as his previous criticism of the Special Counsel investigation and his ties to Sam Clovis who is a witness in the investigation.[7][96][97] NYU law professor Stephen Gillers said Whitaker "has no such legal or ethical obligation to step aside" but agrees that "Whitaker should be recused. His repeated expression of hostility to the Mueller investigation makes it impossible for the public to have confidence in his ability to exercise the necessary prosecutorial judgment in supervising Mueller".[98][99] According to people close to Whitaker, he does not have any plans to recuse.[100]

Democrats poised to assume chairmanships of key House committees in January 2019 warned the Justice Department and other departments to preserve records relating to the Mueller investigation and Sessions' firing. Republicans Senator Susan Collins, Senator Jeff Flake, and Senator-elect Mitt Romney, also issued statements insisting that Mueller's investigation must remain free from interference.[101]

Legality and constitutionality of the appointment[edit]

Former Attorneys General Michael Mukasey and Alberto Gonzales, who both served in the George W. Bush administration, questioned the legality of the appointment.[102] Lawyers Neal Katyal and George T. Conway III called the appointment "illegal" and "unconstitutional" under the Appointments Clause of the Constitution.[103][104][105] Fox News senior judicial analyst Judge Andrew Napolitano posited that Whitaker is "not legally qualified for the role" as he is neither the Deputy Attorney General nor in a role that required Senate confirmation, and the senate is not in recess currently.[106][107] Former federal prosecutor Renato Mariotti and law professor Laurence Tribe have argued that the Vacancies Act would not allow Trump to appoint Whitaker if Sessions was fired and that a court could conclude that Sessions did not resign but was fired.[108] John E. Bies, who served in the Obama Administration as a deputy assistant attorney general, has written that legality and constitutionality of Whitaker's appointment is an open question and it has not been answered. Bies also points out that it is a difficult argument to make that Sessions was fired instead of resigning since a court would probably not "look past an official’s formal statement that they resigned".[109]

Law professor John Yoo, who notably argued in favor of expansive executive power as a deputy assistant attorney general in the Office of Legal Counsel in the George W. Bush administration, echoed the Katyal and Conway argument, stating that because of the Appointments Clause "it is not only the special-counsel investigation that he cannot supervise. Every action of the Justice Department might fall before challenges to Whitaker’s appointment."[110] Law professor Stephen Vladeck argued that the U.S. Supreme Court decision United States v. Eaton allowed the appointment since it was temporary and that Sessions formally resigned.[95] Senate Majority Leader Mitch McConnell said "I think this will be a very interim AG."[111]

The US Department of Justice's Office of Legal Counsel released an internal legal opinion supporting the legality of the appointment. The memo concluded that because the appointment was temporary, no senate confirmation was required. It found that previously in 1866 an assistant attorney general who was not confirmed by the senate was appointed as acting attorney general, and that a non senate confirmed individual served as a principal officer in an acting capacity over 160 times between 1809 and 1860, and more recently at least nine times in the Trump, Obama, and Bush administrations.[112][113][114]

NBC News analyzed the section of the Code of Federal Regulations that prohibits a federal employee from participating in a criminal investigation if he has a personal or political relationship and said it may "arguably apply," but also noted that "Even if a court could review the application of the recusal regulations to Whitaker in this situation, it might conclude that this personal or political relationship does not warrant [Whitaker's] disqualification."[8] Writers at Lawfare also noted Whitaker's personal and prior political relationship with Sam Clovis, Trump's campaign co-chairman and chief policy adviser, who has been questioned by Mueller's investigators and testified before the investigation grand jury.[115][116]

A group of prominent conservative and libertarian lawyers have formed a group called Checks and Balances in the wake of Whitaker appointment.[117] Members include George T. Conway III, Tom Ridge, Peter D. Keisler, Jonathan H. Adler, Orin S. Kerr, Lori S. Meyer, Paul McNulty, Phillip D. Brady, John B. Bellinger III, Carrie Cordero, Peter Keisler, Marisa C Maleck, Alan Charles Raul and Paul Rosenzweig amongst others.[117][118][119][120] The group was formed to provide a critical legal and conservative voice for when, "he [Trump] attacks the Justice Department and the news media."[119][120] The group was formed by Conway after he published a letter that argued the illegality of Matthew Whitaker’s appointment on constitutional grounds, specifically mentioning the phrase ‘checks and balances’: "It defies one of the explicit checks and balances set out in the Constitution, a provision designed to protect us all against the centralization of government power."[121]

On November 14 The American Constitution Society released a letter signed by over 1,600 attorneys nationwide calling for lawmakers and Justice Department officials to protect the special counsel's Russia probe in light of Matthew Whitaker’s appointment as acting attorney general.[122][123] The signatories demand that Whitaker recuse himself or "otherwise be removed from overseeing the Mueller investigation as a result of his profound ethical conflicts."[122]

Legal challenges[edit]

Maryland Attorney General Brian Frosh representing the State of Maryland filed for an injunction against Whitaker's appointment.[124] Maryland had previously filed a suit against the then Attorney General Jeff Sessions regarding his inability to defend the Affordable Care Act in court as part of a broader hostility of the Obama era act from the Trump administration.[125][126][127] Maryland is expected to test the argument in court that Whitaker was unlawfully named acting attorney general, and thus has no standing in the court or authority to respond to their lawsuit.[3][4] Maryland is also arguing that Whitaker's appointment violates the Constitution, which requires that principal officers of the United States be appointed "with the Advice and Consent of the Senate." Whitaker was not serving in a Senate-confirmed position when he was appointed.[3] The state is arguing that the role of acting Attorney General rightfully belongs to the deputy attorney general, Rod J. Rosenstein.[128] A judge has set a December 19 hearing.[129]

On November 12 San Francisco’s city attorney questioned the appointment of a new acting attorney general, saying in a letter to the U.S. Department of Justice that his office may take court action if the DOJ does not provide a legal justification for the designation.[130][131]

Lawyers for former agricultural products executive Doug Haning filed a motion on November 13 asking a federal court in St. Louis to rule that Whitaker’s appointment as Acting Attorney General is illegal thereby he has no standing to hear the case.[129] Some lawyers have predicted a flood of similar motions.[129]

Attorney Tom Goldstein, who has argued some thirty cases before the Supreme Court, filed a motion with the Court on November 16, 2018 asking it to decide whether Rod Rosenstein is the statutory and constitutional successor to Sessions, rather than Whitaker.[132][133]

Personal life[edit]

Whitaker has three children with his wife, Marci, a civil engineer.[134] He is affiliated with Lutheran Evangelicalism.[135][89]

Electoral history[edit]

2002 Iowa State Treasurer[edit]

General election results[136]
Party Candidate Votes %
Democratic Michael Fitzgerald 534,714 54.77%
Republican Matthew Whitaker 421,574 43.18%
Libertarian Tim Hird 19,687 2.02%
Republican Write-ins 344 0.04%
Total votes 976,319 100.00%

2014 U.S. Senator for Iowa[edit]

Republican primary results[137]
Party Candidate Votes %
Republican Joni Ernst 88,535 56.12%
Republican Sam Clovis 28,418 18.01%
Republican Mark Jacobs 26,523 16.81%
Republican Matthew Whitaker 11,884 7.53%
Republican Scott Schaben 2,233 1.42%
Republican Write-ins 155 0.10%
Total votes 157,748 100.00%

See also[edit]

References[edit]

  1. ^ "Jeff Sessions forced out as attorney general". CBS News. November 7, 2018. Retrieved November 9, 2018.
  2. ^ Samuelsohn, Darren; Oprysko, Caitlyn (November 7, 2018). "Sessions ousted". Politico. Retrieved November 7, 2018.
  3. ^ a b c "Maryland Says Matthew Whitaker Appointment As Acting Attorney General Is Unlawful". NPR.org. Retrieved 2018-11-13.
  4. ^ a b "Appointment of acting attorney general challenged in court". AP NEWS. 2018-11-13. Retrieved 2018-11-13.
  5. ^ The legality of Matthew Whitaker's appointment as Acting Attorney General has been disputed by several constitutional scholars. John E. Bies at the Lawfare blog discusses the question. In the New York Times, constitutional scholars Neal Katyal and George T. Conway III assert it is unconstitutional, as does Mark Joseph Stern in Slate. Axios has a summary of the dispute, including a notable opinion from John Yoo who, despite previously endorsing expansive powers for the Presidency, regards the appointment as unconstitutional.
  6. ^ Viswanatha, Sadie Gurman and Aruna. "Matthew Whitaker, a Critic of the Mueller Investigation, Now Oversees It". WSJ. Retrieved 2018-11-11.
  7. ^ a b "Jeff Sessions Is Forced Out as Attorney General as Trump Installs Loyalist". Retrieved 8 November 2018.
  8. ^ a b "Should Whitaker recuse himself from Mueller's investigation?". Retrieved 14 November 2018.
  9. ^ a b c Swaine, Jon (November 10, 2018). Trump's acting attorney general involved in firm that scammed veterans out of life savings The Guardian.
  10. ^ Federal Trade Commission, Press Release (2018-05-10). "FTC Settlement Will Ban Fraudulent Marketers from Invention Promotion Business". www.FTC.gov. Retrieved 2018-05-10.
  11. ^ a b "Trump names Iowa native Matt Whitaker acting attorney general after Sessions resigns". The Des Moines Register. Associated Press. November 7, 2018. Retrieved November 7, 2018.
  12. ^ Hlas, Mike. "Ex-Iowa football player Matthew Whitaker is U.S. Acting Attorney General". The Gazette. Retrieved 2018-11-12.
  13. ^ a b "United States Attorney Announces Resignation". Archived from the original on February 18, 2010. Retrieved January 8, 2010.
  14. ^ "Matthew Whitaker biography". U.S. Attorney's Office, Southern District of Iowa. Archived from the original on November 19, 2004.
  15. ^ "2002 State Treasurer General Election Results - Iowa". Dave Leip's Atlas of U.S. Presidential Elections. April 1, 2007. Retrieved November 7, 2018.
  16. ^ Boburg, Sean (14 November 2018). "Whitaker's unusual path to Justice Department included owning day-care center, trailer maker and concrete supplier". Th Washington Post. Retrieved 14 November 2018.
  17. ^ Kirchgaessner, Stephanie; Swaine, Jon (November 12, 2018). "Trump pick Whitaker rose through ranks as partisan targeting Democrats". the Guardian. Archived from the original on November 12, 2018. Retrieved November 13, 2018.
  18. ^ "I Was the Subject of a Political 'Witch Hunt.' Matt Whitaker Directed It". POLITICO Magazine. Retrieved 2018-11-12.
  19. ^ Basu, Rekha (December 21, 2007). "Why did Matthew Whitaker prosecute this openly gay state lawmaker?". Des Moines Register. Retrieved November 13, 2018.
  20. ^ Kranish, Michael (November 9, 2018). "Whitaker's term as U.S. attorney in Iowa draws scrutiny". Washington Post. Retrieved November 13, 2018.
  21. ^ Leip, David (December 14, 2007). "State Sen. McCoy not guilty of extortion". Sioux City Journal. Retrieved November 7, 2018.
  22. ^ Griffin, Drew; Richards, Collette; DiCarlo, Patricia (November 10, 2018). "Whitaker's controversial prosecution of a gay Democrat". CNN. Retrieved November 10, 2018.
  23. ^ "Iowa Southern District U.S. Attorney to Resign". MainJustice.com. November 6, 2009. Archived from the original on October 8, 2011. Retrieved February 6, 2010.
  24. ^ D'Angelo, Bob (November 7, 2018). "Who is Matthew Whitaker, the acting U.S. Attorney General?". The Atlanta Journal-Constitution. Retrieved November 9, 2018.
  25. ^ a b Banco, Erin; et al. (November 7, 2018). "Jeff Sessions' Replacement, Matthew Whitaker, Led Secretive Anti-Dem Group". The Daily Beast. Retrieved November 9, 2018.
  26. ^ "GOP's Matt Whitaker says he's running for U.S. Senate". Archived from the original on 2013-06-28. Retrieved 2013-05-07.
  27. ^ Obradovich, Kathie (June 30, 2014). "'Non-politician' Clovis drafted into new race". Des Moines Register. Retrieved November 8, 2018.
  28. ^ Bertrand, Natasha (November 7, 2018). "What Sessions's Resignation Means for Robert Mueller". Retrieved November 7, 2018.
  29. ^ "Top Trump campaign aide Clovis spoke to Mueller team, grand jury". Retrieved November 7, 2018.
  30. ^ Caroline Kelly and Liz Stark,. "Former Trump co-chairman on meeting FBI source: Like sitting in 'faculty lounge talking about research'". CNN. Retrieved November 7, 2018.
  31. ^ Samuels, Brett (2018-11-13). "Whitaker's past business dealings under scrutiny". TheHill. Retrieved 2018-11-14.
  32. ^ "Acting Attorney General Abandoned a Taxpayer-Funded Project in Iowa in 2016". Time. Retrieved 2018-11-14.
  33. ^ "Des Moines City Council Communication - Office of the City Managre - Resolution Approving HOME Agreement, Mortgage, and Related Documents, and Subordination Agreement, with We Can Build It, LLC for the Renovation of 2714 Ingersoll Avenue" (PDF). City of Des Moines. 2016-08-22.
  34. ^ Moreno, Peter (18 May 2018). "Fraudulent Marketers Banned from Invention Promotion Business – USA Herald". USA Herald. Retrieved 7 November 2018.
  35. ^ Marketing, World Patent. "Former Republican Candidate for the United States Senate Joins World Patent Marketing Advisory Board". PR Newswire. Retrieved November 7, 2018.
  36. ^ a b Shammas, Brittany (August 22, 2017). "A Miami Beach Scam Took Millions of Dollars From Thousands of Inventors, Feds Say". Miami New Times. Retrieved November 7, 2018.
  37. ^ "FTC Halts Invention Promotion Scheme Charged With Bilking Millions of Dollars from Consumers". Federal Trade Commission. March 14, 2017. Retrieved November 7, 2018.
  38. ^ Federal Trade Commission, Press Release (May 10, 2018). "FTC Settlement Will Ban Fraudulent Marketers from Invention Promotion Business". www.FTC.gov. Retrieved May 10, 2018.
  39. ^ Leonnig, Carol D.; Helderman, Rosalind S.; O'Harrow, Robert (November 8, 2018). "Before he led the Justice Department, Matthew G. Whitaker promoted company accused of deceiving clients". The Washington Post. Retrieved November 9, 2018.
  40. ^ Bronstein, Scott. "Whitaker's link to a 'scam' company that was shut down by the government". ABC News. Retrieved November 10, 2018.
  41. ^ Shammas, Brittany (November 7, 2018). "Trump's Acting Attorney General Was Part of Miami-Based Invention Scam Company". Miami New Times. Retrieved November 10, 2018.
  42. ^ Goldman, Adam; Robles, Frances (November 8, 2018). "Acting Attorney General Sat on Board of Company Accused of Bilking Customers". The New York Times. Retrieved November 10, 2018.
  43. ^ "Whitaker Said to Angrily Demand Website Remove Posts About Patent Firm," Wall Street Journal, November 14, 2018: https://www.wsj.com/articles/whitaker-said-to-angrily-demand-website-remove-posts-about-patent-firm-1542240851
  44. ^ "'He was yelling': Whitaker pushed back against early fraud complaints about company he advised". Washington Post. Retrieved 2018-11-16.
  45. ^ "Whitaker, acting U.S. attorney general, was on board of firm that threatened duped clients with 'Israeli Special Ops'". Haaretz. November 8, 2018. Retrieved November 10, 2018.
  46. ^ Maremont, Mark (November 7, 2018). "Jeff Sessions’ Successor Had Advised Company Accused of Scam". The Wall Street Journal.
  47. ^ "Federal investigators scrutinized Whitaker’s role in patent company accused of fraud," Washington Post, November 9, 2018: https://www.washingtonpost.com/politics/federal-investigators-scrutinized-whitakers-role-in-patent-company-accused-of-fraud-according-to-people-with-knowledge-of-case/2018/11/09/e826a404-e456-11e8-ab2c-b31dcd53ca6b_story.html
  48. ^ a b Leonnig, Carol D.; Helderman, Rosalind S. (November 9, 2018). "Federal investigators scrutinized Whitaker's role in patent company accused of fraud". The Washington Post.
  49. ^ Maremont, Mark; Grimaldi, James V. (November 9, 2018). "FBI Is Investigating Florida Company Where Whitaker Was Advisory-Board Member". The Wall Street Journal. Retrieved November 10, 2018.
  50. ^ Zeitlin, Matthew. "The New Acting Attorney General Was Previously a Dark Money–Funded Clinton Antagonist". Slate. Retrieved November 8, 2018.
  51. ^ Lanard, Noah (November 7, 2018). "Matthew Whitaker, the New Acting Attorney General, Was Obsessed With Clinton's Emails". Mother Jones. Retrieved November 9, 2018.
  52. ^ "Matthew Whitaker". Fox News. November 8, 2018. Retrieved November 8, 2018.
  53. ^ "Conservative group calls for Grayson ethics probe". POLITICO. Retrieved November 8, 2018.
  54. ^ Gold, Matea (February 20, 2015). "Conservative watchdog group accuses Democrats of illegally coordinating through voter data firm". Washington Post. Retrieved November 9, 2018.
  55. ^ Novak, Viveca; Massoglia, Anna (April 15, 2016). "New nonprofit tied to stealthy circle of dark money groups - OpenSecrets News". OpenSecrets News. Retrieved November 9, 2018.
  56. ^ "Trump's new acting attorney general was obsessed with Clinton's emails". Mother Jones. Retrieved November 8, 2018.
  57. ^ Croucher, Shane (November 8, 2018). "Here's a list of Democrats acting AG Matt Whitaker wanted to investigate". Newsweek. Retrieved November 13, 2018.
  58. ^ "In home state, new acting AG Whitaker was accused of playing politics with justice". CNN. 2018-11-09. Retrieved 2018-11-14.
  59. ^ Freedlander, David (2018-11-09). "When Matthew Whitaker Ran 'a Chop Shop of Fake Ethics Complaints'". New York Magazine - Intelligencer. Retrieved 2018-11-14.
  60. ^ Woodruff, Betsy; Tani, Maxwell; Sommer, Will (November 8, 2018). "Matthew Whitaker, Mueller's New Boss, Said There Was 'No Collusion' With Russia". The Daily Beast. Retrieved November 9, 2018.
  61. ^ "Acting Attorney General Matt Whitaker Was a CNN Contributor". The Hollywood Reporter. November 7, 2018. Retrieved November 7, 2018.
  62. ^ Whitaker, Matthew. "Mueller's investigation of Trump is going too far". CNN. Retrieved October 11, 2018.
  63. ^ a b c Reilly, Ryan J. (September 22, 2017). "Jeff Sessions' New Chief of Staff: Mueller's Russia Probe Could Be A 'Witch Hunt'". HuffPost. Retrieved November 7, 2018.
  64. ^ "Matthew Whitaker Takes His Twitter Account Private, After His Tweet About the 'Mueller Lynch Mob' Reveals Conflicts". Fortune. Retrieved November 10, 2018.
  65. ^ a b Savage, Charlie (November 8, 2018). "Acting Attorney General Matthew G. Whitaker Once Criticized Supreme Court's Power". The New York Times. Retrieved 9 November 2018.
  66. ^ Hall, Jacob. "Iowa U.S. Senate Candidate Profile: Q&A with Matt Whitaker". Retrieved 9 November 2018.
  67. ^ Kranish, Michael; Barnes, Robert (November 9, 2018). "As a Senate candidate, Whitaker said he could not support ‘secular’ judicial nominees and that courts should be 'inferior branch'". The Washington Post.
  68. ^ "Acting Attorney General Matthew Whitaker once said Jews, Muslims and Atheists should not be federal judges". Newsweek. 2018-11-09. Retrieved 2018-11-11.
  69. ^ a b Kaczynski, Andrew (November 10, 2018). "Whitaker said he supports state's rights to nullify federal law". CNN. Retrieved November 10, 2018.
  70. ^ a b Goldman, Adam; Shear, Michael D.; Smith, Mitch (November 9, 2018). "Matthew Whitaker: An Attack Dog With Ambition Beyond Protecting Trump". The New York Times. Retrieved November 10, 2018.
  71. ^ Woodruff, Betsy; Tani, Maxwell; Sommer, Will (8 November 2018). "Matthew Whitaker, Mueller's New Boss, Said There Was 'No Collusion' With Russia". Retrieved 12 November 2018 – via www.thedailybeast.com.
  72. ^ a b Rieger, JM (November 9, 2018). "Trump's new acting attorney general has long criticized the Russia probe". The Washington Post. Retrieved November 12, 2018.
  73. ^ a b c d "Trump Installs a Critic of the Mueller Investigation to Oversee It". Retrieved 12 November 2018.
  74. ^ "Acting AG in 2017: 'No collusion' between Russia and Trump campaign". Retrieved 12 November 2018.
  75. ^ Sheth, Sonam (2018-11-13). "Acting attorney general Matthew Whitaker will consult with DOJ ethics officials about whether he should recuse himself from the Russia probe". Business Insider Australia. Retrieved 2018-11-13.
  76. ^ "Exclusive: Trump loyalist Matthew Whitaker was counseling the White House on investigating Clinton". Retrieved 9 November 2018.
  77. ^ Perez, Evan; et al. (November 9, 2018). "Sessions realized too late that Whitaker was auditioning for his job". CNN. Retrieved November 10, 2018.
  78. ^ Price, Dave (September 9, 2018). "Report: Former Iowa Hawkeye Tight End Might Be President Trump's Next Lawyer". WHO TV. Des Moines. Retrieved September 11, 2018.
  79. ^ Swan, Jonathan (September 9, 2018). "Scoop: Inside Trump's biggest hire". Axios. Retrieved September 11, 2018.
  80. ^ a b Benner, Katie; Haberman, Maggie (September 26, 2018). "Matthew Whitaker, a Trump Loyalist, Is Seen as Ascendant Amid Rosenstein Chaos". The New York Times. Retrieved November 9, 2018.
  81. ^ Zapotosky, Matt; Dawsey, Josh (October 11, 2018). "Trump talked with Jeff Sessions's own chief of staff about replacing him as attorney general". The Washington Post. Retrieved October 11, 2018.
  82. ^ Schreiner, Bruce (November 10, 2018). "Thin ice for new acting AG? Trump says 'I don't know' him". Associated Press. Retrieved November 10, 2018.
  83. ^ Sullivan, Eileen; Benner, Katie (November 9, 2018). "Trump on Friday: 'I Don't Know Matt Whitaker.' Trump Last Month: 'I Know Matt Whitaker.'". The New York Times. Retrieved November 10, 2018.
  84. ^ Wagner, John (9 November 2018). "Trump claims he doesn't know his new acting attorney general. A month ago he said he did". Washington Post.
  85. ^ Waas, Murray. "Exclusive: Trump loyalist Matthew Whitaker was counseling the White House on investigating Clinton". Vox. Retrieved November 10, 2018.
  86. ^ "Acting Attorney General Matthew G. Whitaker Once Criticized Supreme Court's Power". New York Times. Retrieved 2018-11-12.
  87. ^ "Why did Matthew Whitaker prosecute this openly gay state lawmaker?". Des Moines Register. Retrieved 2018-11-12.
  88. ^ "Matthew Whitaker on Principles & Values". www.ontheissues.org. Retrieved 2018-11-12.
  89. ^ a b "Iowa's U.S. Senate seat: Matt Whitaker, Republican". Des Moines Register. Retrieved 2018-11-12.
  90. ^ Savage, Charlie (2018-11-12). "Acting Attorney General Matthew G. Whitaker Once Criticized Supreme Court's Power". Retrieved 2018-11-12.
  91. ^ "Fired newspaper editor who blogged about gays' 'sinful nature' files lawsuit". LGBTQ Nation. Associated Press. 2014-07-24. Retrieved 2018-11-12.
  92. ^ "Matt Whitaker Named AG's Chief of Staff". National Association of Former United States Attorneys. October 11, 2017.
  93. ^ Jansen, Bart (November 7, 2018). "Who is Matthew Whitaker? Hawkeye football star and federal prosecutor becomes acting attorney general". USA Today. Retrieved November 9, 2018.
  94. ^ "Trump fires Jeff Sessions, names Matthew Whitaker as interim attorney general". Retrieved November 7, 2018.
  95. ^ a b Vladeck, Stephen I. (9 November 2018). "Whitaker May Be a Bad Choice, but He's a Legal One". The New York Times. Retrieved 9 November 2018.
  96. ^ Breuninger, Kevin (8 November 2018). "Acting Attorney General Whitaker's views on Mueller probe prompt calls for his recusal". CNBC. Retrieved 9 November 2018.
  97. ^ Gibson, Ginger (November 9, 2018). "Whitaker's friendship with Trump aide reignites recusal debate". Reuters. Retrieved 9 November 2018.
  98. ^ Naham, Matt. Legal Expert: There Is ‘No Legal Ethics Issue Here’ That Would Force Matthew Whitaker to Recuse Himself, Law & Crime, November 7, 2018.
  99. ^ "Top Legal Ethics Expert (Stephen Gillers) Writes: Whitaker Should Be Recused". Just Security. November 8, 2018. Retrieved November 10, 2018.
  100. ^ Barrett, Devlin; Zapotosky, Matt; Dawsey, Josh (8 November 2018). "Acting attorney general Whitaker has no intention of recusing himself from Russia probe, associates say". Washington Post. Retrieved 9 November 2018.
  101. ^ "Trump's interim pick to lead Justice Department faces scrutiny over criticisms of Mueller inquiry". USA Today. November 8, 2018. Retrieved 10 November 2018.
  102. ^ Johnson, Kevin; Jansen, Bart (November 11, 2018). "Two Republican former AGs raise questions on Trump's naming Matthew Whitaker to lead Justice Department". USA TODAY. Retrieved 13 November 2018.
  103. ^ Katyal, Neal K. and Conway III, George T. (November 8, 2018). "Trump's Appointment of the Acting Attorney General Is Unconstitutional". The New York Times. Retrieved November 9, 2018.
  104. ^ Andrew Rudalevige (2018-11-10). "No one is surprised that Jeff Sessions is out. But is his replacement's appointment unconstitutional?". Washington Post. Retrieved 2018-11-10. But Conway’s pedigree is quite different. While he has recently become a public critic of Trump, in the 1990s Conway helped with the Paula Jones case that helped lead to Bill Clinton’s impeachment; he is married to high-ranking Trump staffer Kellyanne Conway; and he was seriously considered for the role of Trump’s solicitor general.
  105. ^ "Why Trump could face legal challenges over Whitaker". Axios. Retrieved 9 November 2018.
  106. ^ Fox News Insider (November 8, 2018). "Judge Nap: Whitaker Not 'Legally Qualified' to Be Acting Attorney General". Fox News Insider. Retrieved November 10, 2018.
  107. ^ Bob Fredericks (November 8, 2018). "Judge Napolitano says Trump's acting AG isn't qualified for role". New York Post. Retrieved November 10, 2018.
  108. ^ Stern, Mark Joseph (November 8, 2018). "Matthew Whitaker's Appointment as Acting Attorney General Is Almost Certainly Illegal". Slate Magazine. Retrieved 9 November 2018.
  109. ^ Bies, John E. Matthew Whitaker's Appointment as Acting Attorney General: Three Lingering Questions, Lawfare, November 8, 2018.
  110. ^ Yoo, John (13 November 2018). "Whitaker's Appointment as Acting Attorney General Is Unconstitutional". Retrieved 14 November 2018.
  111. ^ Litvan, Laura (November 9, 2018). "Whitaker Likely 'Very Interim' Attorney General, McConnell Says". Bloomberg Businessweek.
  112. ^ Jarrett, Laura (14 November 2018). "DOJ says Whitaker's appointment as acting attorney general is constitutional". CNN. Retrieved 14 November 2018.
  113. ^ Tucker, Eric (14 November 2018). "Justice legal opinion backs Whitaker's naming as acting AG". Associated Press. Retrieved 14 November 2018.
  114. ^ "Memorandum for Emmet T. Flood Counsel to the President" (PDF). U.S. Department of Justice Office of Legal Counsel. Retrieved 14 November 2018.
  115. ^ "Jeff Sessions's Firing, Matthew Whitaker's Rise and the Attorney General's Role In the Mueller Investigation". 7 November 2018. Retrieved 14 November 2018.
  116. ^ "Top Trump campaign aide Clovis spoke to Mueller team, grand jury". Retrieved 14 November 2018.
  117. ^ a b "Conservative Lawyers Say Trump Has Undermined the Rule of Law". Retrieved 2018-11-15.
  118. ^ Liptak, Adam. "Checks and Balances - Mission Statement". www.documentcloud.org - The New York Times. Retrieved 2018-11-15.
  119. ^ a b CNN, Veronica Stracqualursi and Laura Jarrett,. "George Conway, conservative lawyers form group to speak out against Trump". CNN. Retrieved 2018-11-15.
  120. ^ a b "New Conservative Lawyers' Group 'Checks and Balances' Bristles at Trump | National Law Journal". National Law Journal. Retrieved 2018-11-15.
  121. ^ "Opinion | Trump's Appointment of the Acting Attorney General Is Unconstitutional". Retrieved 2018-11-15.
  122. ^ a b Axelrod, Tal (2018-11-14). "Over 1,600 lawyers sign letter saying Mueller probe must be protected". TheHill. Retrieved 2018-11-16.
  123. ^ "Sign On to Protect the Special Counsel's Investigation | ACS". American Constitution Society. 2018-11-09. Retrieved 2018-11-16.
  124. ^ Gurman, Sadie. "Maryland Files Challenge to Matthew Whitaker's Installation as Acting Attorney General". Wall Street Journal. Retrieved 2018-11-13.
  125. ^ McFadden, David. "Maryland lawsuit seeks to protect Affordable Care Act from 'sabotage'". baltimoresun.com. Retrieved 2018-11-13.
  126. ^ "The Health 202: Maryland lawsuit aims to uphold ACA's constitutionality". The Washington Post.
  127. ^ "Press Release - Attorney General Frosh Files Lawsuit to Protect Marylanders from the Trump Administration's Sabotage of the Affordable Care Act" (PDF).
  128. ^ "Whitaker's Appointment as Acting Attorney General Faces Court Challenge". New York Times. Retrieved 2018-11-13.
  129. ^ a b c Gerstein, Josh (November 15, 2018). "Texas businessman challenges acting AG's legality". Politico. Retrieved November 16, 2018.
  130. ^ "San Francisco takes on Trump's new Acting Attorney General Matt Whitaker". Salon. 2018-11-12. Retrieved 2018-11-13.
  131. ^ Levine, Dan. "City of San Francisco threatens court action over Trump's acting..." U.S. Retrieved 2018-11-13.
  132. ^ "Supreme Court asked to rule on Trump's choice of Matthew Whitaker as acting attorney general". Retrieved 17 November 2018.
  133. ^ "Matt Whitaker's appointment as acting attorney general challenged in Supreme Court". Retrieved 17 November 2018.
  134. ^ "Whitaker, Matt". Our Campaigns. Retrieved November 9, 2018.
  135. ^ "Acting Attorney General Matthew G. Whitaker Once Criticized Supreme Court's Power". Retrieved 2018-11-13.
  136. ^ "State of Iowa Canvass Summary - ELECTION: 2002 General Election (11/5/2002)" (PDF). December 2, 2002. Retrieved November 8, 2018.
  137. ^ "2014 Primary Election Canvass Summary" (PDF). Iowa Secretary of State. Des Moines, Iowa: State of Iowa. Retrieved November 9, 2018.

External links[edit]

Legal offices
Preceded by
Stephen Patrick O'Meara
United States Attorney for the Southern District of Iowa
2004–2009
Succeeded by
Nicholas A. Klinefeldt
Preceded by
Jeff Sessions
United States Attorney General
Acting

2018–present
Incumbent
Current U.S. order of precedence (ceremonial)
Preceded by
James Mattis
as Secretary of Defense
Order of Precedence of the United States
as Acting Attorney General
Succeeded by
Ryan Zinke
as Secretary of the Interior