The hosts of “Fox & Friends” were upset to learn that President Donald Trump’s new acting Attorney General Matthew Whitaker is “not legally qualified” to serve.
Legal analyst Andrew Napolitano explained the facts, which brought outrage from co-host Steve Doocy:
You’re saying the guy the president appointed is not qualified?
…The president’s got lawyers! They looked at that!
Napolitano explained to the factually-challenged hosts that that there are only three ways to become an acting attorney general: If you’re already serving as the deputy attorney general, if you have a position at the Department of Justice that requires confirmation by the Senate, and if you were appointed while the Senate was in recess.
Co-host Ainsley Earhardt was stunned to learn the facts:
So he’s really not the attorney general?
That’s correct. Which is why he did not take an oath of office.
Co-host Brian Kilmeade became exasperated:
They say that he already took an oath [when he became chief of staff at the DOJ] so he doesn’t have to take it again!
Napolitano responded: “That’s a political response.”
(Source: Fox News via Twitter)