Fox News legal analyst destroys DOJ’s justification for Whitaker appointment: 'That kind of power can't go to a political hack'
Fox News legal analyst Andrew Napolitano/Screenshot

President Donald Trump's decision to ignore the normal structure of the Justice Department and name a loyalist to serve as acting Attorney General has come under fire from the moment the decision came down.


On Wednesday, Fox News top legal analyst, Judge Andrew Napolitano, blew up the arguments made to defend Whitaker's appointment.

Specifically, Whitaker's team cited a case from just after the Civil War to make the case that the appointment was lawful.

"I don't care what happened in 1866, because the Congress changed the law in the 1960s and said whoever runs the Justice Department has to be nominated by the president and confirmed by the Senate," he said. "Because there's too much power in their hands... That kind of power cannot go to a political hack."

Napolitano said that the statute is very clear, and that the "Justice Department conveniently overlooks" the legality of Trump's actions.

"Congress could not have been more clear," Napolitano said.

Whitaker is likely going to be cast aside for the real nominee, he said, but the real mess will come later, Napolitano said, when every case that Whitaker touches has to be sorted out.

Watch below.