Democrats File Suit Challenging Whitaker Appointment.
BERMAN: Three Democratic senators have filed a lawsuit claiming the appointment of Acting Attorney General Matthew Whitaker is unconstitutional. Before assuming that role Whitaker was a very outspoken critic of the Mueller probe leaving some worried that he would take steps to slow or stop the Russia investigation. Joining us now, one of the Democrats who filed that suit, Senator Richard Blumenthal. Senator, thank you so much for being with us. What's your goal here in this suit?</s>SEN. RICHARD BLUMENTHAL (D), CONNECTICUT: Our goal is very simply to protect our right to advise and consent, to approve or not, an appointee who is one of the principal officers, one of the top officials of the government, the top law enforcement officials, and to assure he or she has the qualifications to do this job. Not just because we're protective of our power but because the founders literally gave the Senate that responsibility on behalf of the American people.</s>BERMAN: For principal officers, it is in the Constitution. The Justice Department says it doesn't apply here, because it's a temporary role and, if it's a temporary role, it's not a principal role.</s>BLUMENTHAL: But there's no justification in the law for saying so. And the Department of Justice, actually the Office of Legal Counsel, says that there are some kind of special or exigent circumstances that, in some cases, allow for the president to appoint someone temporarily. But those kinds of circumstances are death or tragedy or crisis, not what we have here. There is no precedent, none, John, for this kind of appointment of someone who is essentially a lackey of the president.</s>BERMAN: I'm not suggesting there's precedent. They claim through the Vacancy Act, which is a law passed by Congress, that a resignation is a reason to appoint a temporary person, and they say that's how they're getting it through. Let me ask you about Whitaker, though, who's been on the job now, I think, it's officially two weeks as of today. Have you seen any evidence yet that he has worked to slow or impede the Mueller probe?</s>BLUMENTHAL: There is no overt evidence, no public indication yet, but there would not be any, probably, at this point. If he has declined to approve a subpoena or an indictment, which he could do in supervising the investigation, we may not know about it at this point.</s>BERMAN: If he did something like that, would you hope that Robert Mueller would go public with it? Do you think his investigators should say, "Hey, we wanted to issue a subpoena. We wanted to hand up an indictment, but the acting attorney general said no"?</s>BLUMENTHAL: At some point, I would hope that he would, but what we have here is the danger of a slow-motion Saturday Night Massacre, death by 1,000 cuts: cuts in funding that could strangle the investigation; cuts in authority, cuts in subpoenas that may not be public. I'm going to be introducing legislation that will require, absolutely require, full disclosure of all the findings and evidence of the Mueller investigation if he is, in any way, forced to resign or if he is fired. And just to go back to your point about the Vacancies Act, which is an important one, you know, the United States Constitution is the highest law of the land. It trumps the Vacancies Reform Act. And even if you go by statutes, there is a more specific one that says the deputy attorney general, Rod Rosenstein, should take over. And so there's really no crisis, no kind of exigent circumstance that would justify going around Rod Rosenstein.</s>BERMAN: Let me you about a story in the news this morning, which is that Ivanka Trump -- "The Washington Post" was the first to report, and others have matched since -- was using her personal e-mail for government business inside the White House. Obviously, when Hillary Clinton was at the State Department and used her personal e-mail, that became a big story, which was covered by everyone for a long time. What do you make of this today?</s>BLUMENTHAL: Marc Short had the right word for it: hypocrisy. And there's no way that she had no knowledge of the rules. But really, there's a larger story here, which is the mixing of public and private, as with her clothing brand and her public position, the blending and mixing of e-mails on her private account, her public account. And it raises the issue of whether there has been anything improper. There should be some kind of investigative effort.</s>BERMAN: By whom?</s>BLUMENTHAL: Whether it's through the Office of Government Ethics or through the Congress.</s>BERMAN: What do you think the House, because it would be the House which will be led by Democrats in January, unlikely it will happen in the Republican-led Senate, but what do you want to see the House do? Because look, I mean, Democrats after the whole Hillary Clinton situation, I think, feel as if too much was made of that. And if too much was made of Hillary Clinton's e-mails, why make anything of Ivanka Trump's?</s>BLUMENTHAL: I think there are real challenges ahead on immigration, on infrastructure, on other issues like jobs and the economy that really have to be faced by this Congress and which need to work together, not be driven apart by party or personal insults.</s>BERMAN: Focus on those before Ivanka Trump's e-mails, you're saying?</s>BLUMENTHAL: I think there's also a need to hold accountable this administration. We can do both. Accountability and progress on the issues is not incompatible. And the principle person who has to be held accountable is the president of the United States and his self- dealing. For example, violating the Emoluments Clause, which we have brought to the floor in a lawsuit that I have helped to lead, with almost 200 of my colleagues, making progress in the court. Standing has been granted. But the Congress can hold the president accountable for putting himself above the law, which is essentially, in a sense, what Ivanka Trump has done with these e-mails.</s>BERMAN: Do you feel like she broke the law?</s>BLUMENTHAL: That will be a question for us after we know more about the facts and the evidence. As a former prosecutor, I'm going to tell you, I need to know the facts and the evidence before I say whether or not somebody has broken the law.</s>BERMAN: Senator Richard Blumenthal of Connecticut, thanks very much for being with us. I appreciate it.</s>BLUMENTHAL: Thank you.</s>BERMAN: Have a happy Thanksgiving.</s>BLUMENTHAL: You, too.</s>CAMEROTA: Up next, former White House communications director, Anthony Scaramucci is in the house. There he is. Hi, Anthony. Come on out.