Matthew Whitaker (attorney)
|Acting United States Attorney General|
|Assumed office |
November 7, 2018
|Preceded by||Jeff Sessions|
|Chief of Staff to the United States Attorney General|
September 22, 2017 – November 7, 2018
|Attorney General||Jeff Sessions|
|Preceded by||Jody Hunt|
|Succeeded by||Gary Barnett|
|United States Attorney for the Southern District of Iowa|
June 15, 2004 – November 25, 2009
|President||George W. Bush|
|Preceded by||Stephen Patrick O'Meara|
|Succeeded by||Nicholas A. Klinefeldt|
|Born||Matthew George Whitaker|
October 29, 1969
Des Moines, Iowa, U.S.
|Education||University 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. 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.
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. His appointment prompted a number of legal scholars, commentators, and politicians to question its legality and constitutionality, noting that his selection circumvented Senate confirmation. 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.
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.
- 1 Early life and education
- 2 Career
- 3 Legal and policy views
- 4 Department of Justice
- 5 Personal life
- 6 Electoral history
- 7 See also
- 8 References
- 9 External links
Early life and education
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. While in college he wanted to be in the film industry.
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. Whitaker ran as a Republican for Treasurer of Iowa in 2002, losing to incumbent Democrat Michael Fitzgerald by 55% to 43%.
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.
United States Attorney
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.
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. 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.'" The jury took less than two hours to return a verdict of "not guilty".
Private practice and political activities
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.
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. Clovis lost in the November 2014 general election.
In 2012, Whitaker and two partners used their company, MEM Investment, to purchase and develop an affordable-housing apartment building in Des Moines. 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.
World Patent Marketing
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. 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. In May 2018, a federal court ordered the company to close and pay a $26 million fine. Many customers suffered significant losses as a result of working with the company 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." 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." The company contributed to Whitaker's 2014 US Senate campaign. Whitaker performed almost $17,000 in compensable work for the company. 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.
White House and senior Justice Department officials were surprised to learn of Whitaker's connection to the company. Through a DOJ spokesperson, Whitaker has denied awareness of the company's fraud. The court receiver in the case said he has “no reason to believe that [Whitaker] knew of any of the wrongdoing.” As of November 2018, the FBI is still investigating World Patent Marketing.
Foundation for Accountability and Civic Trust
From October 2014 to September 2017, Whitaker was the executive director of the Foundation for Accountability and Civic Trust (FACT), and the organization's only full-time employee in 2015 and 2016. FACT, founded in late 2014, is a conservative nonprofit organization specializing in legal and ethical issues related to politics. The group was backed by $1 million in seed money from conservative donors, who Whitaker declined to identify to the media. 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.
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. 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. FACT has been described as using "the legal system as a political weapon" and characterized, by a GOP operative, as a "chop shop of fake ethics complaints". 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.
Whitaker aspired to become a judge in Iowa, and hoped his media appearances would catch the eye of the Trump administration. For four months, from June to September 2017, he was a CNN contributor. 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." 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.
Legal and policy views
Whitaker stated in a question-and-answer session during his 2014 Iowa Senatorial campaign that "the courts are supposed to be the inferior branch." 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."
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." 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."
Whitaker stated in 2013 he supports the right of states to nullify federal laws. 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."
Criticisms of 2017 Special Counsel investigation
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. 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" and "the left is trying to sow this theory that essentially Russians interfered with the U.S. election, which has been proven false.” He also published an op-ed titled, "Mueller's Investigation of Trump Is Going Too Far" in which he expressed skepticism about the investigation generally and called the appointment of Mueller "ridiculous." Through social media, he also promoted an article that referred to the investigation as a "lynch mob."
Relationship with Donald Trump
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. 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.
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.
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.
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. 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. 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.
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." 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.
Other policy Issues
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.” 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."
He has expressed a desire to get rid of chain immigration and is against "amnesty" for illegal immigrants. 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.” Whitaker supported repealing the Affordable Care Act in his 2014 Senate campaign.
Department of Justice
Chief of Staff
On September 22, 2017, a Justice Department official announced that Sessions had appointed Whitaker to replace Jody Hunt as his chief of staff. 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...."
Acting Attorney General
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. 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
Soon after Whitaker's appointment as Acting Attorney General, a "broad and growing array" of legal experts expressed concern. 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. 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". According to people close to Whitaker, he does not have any plans to recuse.
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.
Legality and constitutionality of the appointment
A number of prominent legal experts, scholars, and former prosecutors and Department of Justice officials have raised concerns over the legality and constitutionality of Whitaker's appointment. Lawyers Neal Katyal and George T. Conway III argued in a New York Times op-ed that the appointment was unconstitutional under the Appointments Clause, as the position of Attorney General is a "principal" one requiring Senate confirmation. In defense of the legality of the appointment, University of Texas law professor Stephen Vladeck argued that the Federal Vacancies Reform Act of 1998 and the U.S. Supreme Court decision United States v. Eaton allowed the appointment since it was temporary and that Sessions formally resigned. Law professor John Yoo from Berkeley, who served as a deputy assistant attorney general in the Office of Legal Counsel in the George W. Bush administration, argued that the Appointments Clause renders the Federal Vacancies Reform Act unconstitutional and that Whitaker's appointment was in violation of that clause.
The appointment has sustained legal challenges, notably by Maryland; in response, the U.S. Department of Justice's Office of Legal Counsel released a memorandum affirming 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.
Maryland Attorney General Brian Frosh representing the State of Maryland filed for an injunction against Whitaker's appointment. 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. 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. 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. The state is arguing that the role of acting Attorney General rightfully belongs to the deputy attorney general, Rod J. Rosenstein. A judge has set a December 19 hearing.
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.
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. Some lawyers have predicted a flood of similar motions.
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.
2002 Iowa State Treasurer
2014 U.S. Senator for Iowa
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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.
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|Wikimedia Commons has media related to Matthew Whitaker.|
- Department of Justice profile
- Archived official campaign site Matthew Whitaker for Treasurer (2002) and U.S. Senate (2014)
- Profile at Vote Smart
- Financial information (federal office) at the Federal Election Commission
- Appearances on C-SPAN
Stephen Patrick O'Meara
| United States Attorney for the Southern District of Iowa
Nicholas A. Klinefeldt
| United States Attorney General
|Current U.S. order of precedence (ceremonial)|
as Secretary of Defense
| Order of Precedence of the United States
as Acting Attorney General
as Secretary of the Interior