Andrew Napolitano appears on Fox News (screen grab)
On Wednesday, President Donald Trump asked Attorney General Jeff Sessions to step down.
Trump announced that in replacement of Sessions, Matt Whitaker would become the new acting attorney general.
However, Fox News legal analyst Andrew Napolitano explained to Fox News host Dana Perino how Trump could be breaking the law with his new appointee.
Napolitano explained that Whitaker was not confirmed by the Senate and therefore violates the law.
"Under the law, the person running the Department of Justice must have been approved by the United States Senate for some previous position. Even on an interim post," Napolitano said.
Napolitano continued saying that next in line for the position is Deputy Attorney General Rod Rosenstein.
"[Whitaker] was not confirmed by the United States Senate for a leadership position at the Justice Department. The White House will have to work this out. Who has been confirmed and who's next in line? Deputy attorney general Rosenstein," he said.
Watch the video below via Fox News.
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