'Torture memo' author John Yoo says Trump's attorney general appointment is illegal, will save Mueller's probe

(Image credit: Chip Somodevilla/Getty Images)

published 14 November 2018

If President Trump was trying to neuter Special Counsel Robert Mueller's investigation into his campaign and Russia when he appointed Matthew Whitaker acting attorney general, he may have been "too clever by half," conservative law professor John Yoo writes at The Atlantic. Whitaker "cannot legally hold the office," thanks to the Constitution's Appointments Clause, and it's very unlikely this Supreme Court will uphold the White House's legal argument that his appointment is valid.

Yoo expressed a famously expansive view of presidential powers in his defunct "torture memo." But even Yoo has argued that Trump occassionally exceeds his presidential powers, and the Whitaker appointment is one of those times. Whitaker can try to shut down the Mueller investigation, an idea he's publicly advocated, but it won't stick, Yoo explains:

The White House may have thought it had cleverly figured out a way to curtail the investigation by appointing Whitaker, but it has instead virtually assured that Mueller will complete his job in his own good time. With questions surrounding the ethics and now the legality of his appointment, Whitaker will have little political capital to expend in defending any limits on Mueller. And even if Whitaker displays terrible judgment and makes the fateful choice to cut off the probe, Mueller now has the grounds to refuse to obey the orders of an unconstitutional attorney general. Trump's clever maneuvering has provided Mueller all the space he needs to finish his investigation and even hand over his files and concluding report to a Congress eager to launch impeachment proceedings. [John Yoo, The Atlantic]

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE

https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Explore More

Speed Reads Us News

To continue reading this article...

Create a free account

Continue reading this article and get limited website access each month.

Get unlimited website access, exclusive newsletters plus much more.

Cancel or pause at any time.

Already a subscriber to The Week?

Unlimited website access is included with Digital and Print + Digital subscriptions.
with the same email registered to your subscription to unlock access.

Not sure which email you used for your subscription? Contact us

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.

Subscribe to The Week

Sign up for The Week's Free Newsletters

Sign up for Today's Best Articles in your inbox