Legal Expert: There Is 'No Legal Ethics Issue Here' That Would Force Matthew Whitaker to Recuse Hims
Legal Expert: There Is ‘No Legal Ethics Issue Here’ That Would Force Matthew Whitaker to Recuse Himself
Elihu Root Professor of Law at NYU Stephen Gillers told Law&Crime that objections to Whitaker are “compelling,” but there is ultimately “no legal ethics issue here.” Prof. Gillers is one of the most cited legal ethics scholars.
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You may recall that Jeff Sessions recused himself by citing Title 28, Chapter I, Section 45.2 of the Code of Federal Regulation (CFR) — “Disqualification arising from personal or political relationship.”
Sessions stated that he had to recuse himself from the heading up the Russia probe because he served as a campaign advisor for the Trump campaign.
“That regulation states, in effect, that department employees should not participate in investigations of a campaign if they have served as a campaign advisor,” Sessions said at the time.
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There's more of interest to read here, including the entire regulation. Interesting read, and I'm not sure this specific issue breaks our way. Whitaker shouldn't be the Acting AG, imo, simply because he hasn't been confirmed by the Senate to any post during this administration.
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