Fox News Senior Judicial Analyst Judge Napolitano joined Fox News Radio's Marie Harf to discuss CNN's lawsuit against the Trump administration and Whitaker's appointment as acting U.S. Attorney General.
On CNN's lawsuit against the Trump administration: I think they have a very strong case. They make three claims against six defendants, the President, General Kelly, Sarah Huckabee Sanders, Bill Shine, the head of the Secret Service, and the particular Secret Service agent who physically took Jim Acosta's credentials from him. They don't know that person's name so he's sued under John Doe. The essence of the argument is this. One, he was punished for expressing an opinion, so that violates the First Amendment. Two, he lost a privilege without a hearing, so that violates the Fifth Amendment. Three, they made up a rule to get rid of him and that violates something called the Administrative Procedures Act because administrative regulations like who gets to come into the White House or regulations that can be promulgated by the president but they have to follow a procedure before they can do that. (1:05)
On the White House saying he assaulted a female intern: There's no assault there... The woman tried to take, at the direction of the President, the microphone away from him. He held it closer to his body rather than out at the end of his hand so that she could take it. He no more assaulted her than I did and I was 300 miles away when this happened. (4:27)
On the acting US Attorney General Whitaker: Is he legally eligible to be Attorney General? The answer to that is a very clear cut no. Thanks to the Constitution and to language that Congress wrote to make certain that no runs the Justice Department who has not been nominated by the President and had their legal philosophy explored by the Senate and then been confirmed by the Senate. That is particularly important in this case because Mr. Whitaker has articulated views that are so wide of the mark, so contrary to mainstream American jurisprudence. (1:03)
On if the state of Maryland has standing in their case: The state of Maryland does have standing because they're in litigation over the Affordable Care Act against the Justice Department, which has decided not to defend certain portions of the Affordable Care Act, even though one of the portions that they don't want to defend is a portion the President loves, which is the coverage for pre-existing conditions. (5:14)