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Matthew Whitaker
Acting United States Attorney General
Incumbent
Assumed office November 7, 2018
President	Donald Trump
Deputy	Rod Rosenstein
Preceded by	Jeff Sessions
Chief of Staff to the United States Attorney General
In office September 22, 2017 – November 7, 2018
Attorney General	Jeff Sessions
Preceded by	Jody Hunt
Succeeded by	Vacant
United States Attorney for the Southern District of Iowa
In office June 15, 2004 – November 25, 2009
President	George W. Bush Barack Obama
Preceded by	Stephen Patrick O'Meara
Succeeded by	Nicholas A. Klinefeldt
Personal details
Born	Matthew George Whitaker (1969-10-29) October 29, 1969 (age 55) Des Moines, Iowa, U.S.
Political party	Republican
Education	University of Iowa (BA, JD, MBA)

Matthew George Whitaker (born October 29, 1969) is an American lawyer and politician serving as Acting United States Attorney General since November 7, 2018. He was appointed by President Donald Trump after Jeff Sessions resigned at Trump's request. Whitaker served as a U.S. Attorney during the Bush Administration and served as Chief of Staff to Sessions from September 2017 to November 2018.

In 2002, Whitaker was the candidate of the Republican Party for Treasurer of Iowa. From 2004 to 2009 he served as the United States Attorney for the Southern District of Iowa. Whitaker ran in the 2014 Iowa Republican primary for the United States Senate, finishing in fourth place. More recently, Whitaker wrote opinion pieces and appeared on talk-radio shows and cable news as director of a conservative nonprofit.

After Trump appointed Whitaker as Acting Attorney General, a number of legal scholars, commentators, and politicians questioned the legality and constitutionality of the appointment or called for him to recuse himself from overseeing Robert Mueller's investigation into Russian interference in US elections.

Several weeks prior to Whitaker's appointment, The New York Times reported he had been a frequent visitor to the Oval Office, with sources saying he had "an easy chemistry" with Trump. On October 11, 2018, Trump told Fox & Friends, "I can tell you, Matt Whitaker's a great guy. I mean, I know Matt Whitaker." Immediately after Whitaker took office, reports surfaced of his prior employment with World Patent Marketing, which had been shut down by federal regulators as a scam in 2017. White House and senior Justice Department officials were reportedly surprised to learn of Whitaker's involvement with the company. Two days after Whitaker's appointment, Trump told reporters, "I don’t know Matt Whitaker."

Education

Whitaker graduated from Ankeny High School and graduated with a Master of Business Administration, Juris Doctor and Bachelor of Arts (communications major) from the University of Iowa. During his undergraduate years at Iowa, Whitaker played tight end for the University of Iowa Hawkeyes football team, appearing in Iowa's Rose Bowl game in 1991.

Career

Early career

After graduating from law school, Whitaker worked for a number of regional law firms including Briggs & Morgan (Minneapolis) and Finley Alt Smith (Des Moines). He was also corporate counsel for a national grocery company, SuperValu, and small businessman owning interests in a trailer manufacturing company, a daycare, and a concrete supply company.

Whitaker ran as a Republican for Treasurer of Iowa in 2002, losing to incumbent Democrat Michael Fitzgerald by 55% to 43%.

United States Attorney

On June 15, 2004, Whitaker was appointed U.S. Attorney for the Southern District of Iowa by President George W. Bush. From 2005 to 2007, he was responsible for the unsuccessful investigation and prosecution of Iowa State Sen. Matt McCoy, a liberal Democrat, on charges of attempting to extort $2000. The jury took less than two hours to return a not guilty verdict.

Whitaker resigned in November 2009 following the Senate confirmation of his replacement, Nicholas A. Klinefeldt, who was nominated by President Barack Obama.

Private career and political activities

From 2009-2017, Whitaker was a managing partner of the small general practice law firm Whitaker Hagenow & Gustoff LLP (now Hagenow & Gustoff LLP).

During the 2012 presidential campaign, Whitaker was Minnesota governor Tim Pawlenty's co-chairman in Iowa, and then state co-chairman for Texas governor Rick Perry.

Whitaker was a candidate for the Republican nomination in the 2014 United States Senate election in Iowa, a seat being vacated by Democrat Tom Harkin. He came fourth in the Republican primary in June, with 11,909 votes (7.54%). The nomination was won by Joni Ernst, who went on to win the general election. After losing the Republican primary, Whitaker chaired the campaign of Sam Clovis, another unsuccessful primary candidate who had been selected, later in June, to run for Iowa State Treasurer. Clovis lost in the November 2014 general election.

In 2014, Whitaker became a paid advisory board member for World Patent Marketing. In March 2017, the Federal Trade Commission commenced litigation for fraud. In May 2018, the United States District Court for the Southern District of Florida ordered the company to pay more than $25 million and cease operations. The company donated to Whitaker's 2014 Senate campaign. He received $9,375 between 2014 and 2016 and was owed a further $7,500 at the time the FTC shut down the company. The New York Times reported on November 8, 2018 that court documents show "when frustrated consumers tried to get their money back, Scott J. Cooper, the company’s president and founder, used Mr. Whitaker to threaten them as a former federal prosecutor." The Wall Street Journal reported on November 9, 2018 that the FBI, which Whitaker oversees, is conducting a criminal investigation of World Patent Marketing. The Washington Post reported on November 9, 2018 that in 2017 FTC investigators examined whether Whitaker had played any role in threatening critics of the company with legal action to silence them. The Post reported that Whitaker rebuffed an FTC subpoena for records in October 2017, shortly after he had joined the Justice Department. The Post also reported that White House and senior Justice Department officials were surprised to learn of Whitaker's connection to the company.

From October 2014 to September 2017, Whitaker was the executive director of the Foundation for Accountability and Civic Trust, and the organization's only full-time employee in 2015 and 2016. FACT, founded in late 2014, is a conservative nonprofit organization specializing in legal and ethical issues related to politics. The Washington Post reported in February 2015 that "The group is backed by $1 million in seed money from donors who support conservative legal causes", and that Whitaker had declined to identify the donors. According to the organization's first tax return, its funding — $600,000 in 2014 - came from a conservative donor-advised fund called DonorsTrust, a pass-through vehicle that allows donors to remain anonymous.

During Whitaker's tenure at FACT, the organization had a special focus on the Hillary Clinton e-mail controversy and perceived favoritism in the business dealings of Clinton. While the head of FACT, Whitaker wrote opinion pieces that appeared in USA Today and the Washington Examiner, and appeared regularly on conservative talk-radio shows and cable news. For four months, from June to September 2017, he was a CNN contributor. Whitaker aspired to become a judge in Iowa, and hoped his media appearances would catch the eye of the Trump administration.

One month prior to joining the Justice Department, Whitaker wrote an opinion column for CNN titled "Mueller's Investigation of Trump is Going Too Far." He stated that Mueller's investigation should be limited and should not probe into Trump's finances.

Constitutional views

The neutrality of this section is disputed. Relevant discussion may be found on the talk page. Please do not remove this message until conditions to do so are met. (November 2018) (Learn how and when to remove this message)

The New York Times' Charlie Savage reported that Whitaker said in a question-and-answer session during his 2014 Iowa Senatorial campaign that "the courts are supposed to be the inferior branch." Whitaker was critical of the United States Supreme Court beginning with Marbury v. Madison (1803), the decision that allows judicial review of the constitutionality of the acts of the other branches of government. In the same interview, he criticized a long line of Supreme Court cases. Harvard Law professor Laurence Tribe described Whitaker's views as “extreme and the overall picture he presents would have virtually no scholarly support,” and they would be “destabilizing” to society if he used the power of the attorney general to advance them."

Whitaker also stated during his 2014 Senate bid that he would want judges who "have a biblical view of justice." Asked if he meant Levitical or New Testament, he replied "I’m a New Testament. And what I know is as long as they have that world view, that they’ll be a good judge."

Whitaker stated in 2013 he supports the right of states to nullify federal laws. Stephen Vladeck, a University of Texas law professor who had written an opinion piece defending the constitutionality of Whitaker's appointment as Acting Attorney General, stated Whitaker's views on nullification are "irreconcilable not only with the structure of the Constitution, but with its text, especially the text of the Supremacy Clause," adding, "For someone who holds those views to be the nation's chief law enforcement officer, even temporarily, is more than a little terrifying."

Relationship with Donald Trump

In early September 2018, Axios reported that Whitaker was on the short list of President Trump's White House staff as the replacement for Don McGahn as the White House Counsel.

In September 2018 The New York Times reported that White House Chief of Staff John Kelly referred to Whitaker as "the West Wing’s 'eyes and ears' in the Justice Department," which the president considered himself at war with.

President Trump had spoken with Whitaker in September 2018 about potentially assuming Sessions's role as Attorney General, although it was not clear whether Whitaker would take over on an interim basis or be nominated in a more permanent capacity. At that time, The New York Times described Whitaker as a Trump loyalist who had frequently visited the Oval Office and as having "an easy chemistry" with Trump.

President Trump stated on 9th of November that "I don't know Matt Whitaker," previously he told Fox & Friends that "I can tell you Matt Whitaker’s a great guy. I mean, I know Matt Whitaker." Vox reported that the president met with Whitaker at least 10 times and frequently on the phone.

Department of Justice

The New York Times reported on November 9, 2018 that Trump had seen Whitaker's supportive commentaries on CNN in the summer of 2017, and in July White House counsel Don McGahn interviewed Whitaker to join Trump's legal team as an "attack dog" against Robert Mueller, who was heading the Special Counsel investigation. The Times reported Trump associates believe Whitaker was later hired to limit the fallout of the investigation, including by reining in any Mueller report and preventing Trump from being subpoenaed.

Chief of Staff

On September 22, 2017, a Justice Department official announced that Attorney General Jeff Sessions had appointed Whitaker to replace Jody Hunt as his Chief of Staff. George Terwilliger, a former U.S. attorney and deputy attorney general, said in his role as chief of staff, Whitaker would have dealt daily with making "substantive choices about what is important to bring to the AG...."

Murray Waas of Vox reported on November 9, 2018 that in 2017 Whitaker provided private advice to Trump on how the White House might pressure the Justice Department to investigate the president's adversaries, including appointing a special counsel to investigate the FBI and Hillary Clinton.

Acting Attorney General

With the resignation of Sessions on November 7, 2018, Whitaker was appointed to serve as Acting Attorney General under the Federal Vacancies Reform Act of 1998. With his appointment, Whitaker directly supervises Robert Mueller's Special Counsel investigation, which had previously been supervised by deputy attorney general Rod Rosenstein.

Calls for recusal and questions regarding appointment

Soon after Whitaker's appointment as Acting Attorney General, a "broad and growing array" of legal experts expressed concern. NYU law professor Ryan Goodman and Walter Shaub, former director of the U.S. Office of Government Ethics, argued for Whitaker to recuse himself from supervising the investigation, citing potential conflicts of interest such as his previous criticism of the Special Counsel investigation and his ties to Sam Clovis who is a witness in the investigation. NYU Law Professor Stephen Gillers, a leading legal ethics expert, says Whitaker "has no such legal or ethical obligation to step aside". According to people close to Whitaker, he does not have any plans to recuse.

Lawyers Neal Katyal and George T. Conway III questioned the legality and constitutionality of the appointment based on the Appointments Clause. Lawyers Renato Mariotti and Lawrence Tribe have argued that the Vacancies Act would not allow Trump to appoint Whitaker if Sessions was fired and that a court could conclude that Sessions did not resign but was fired. Law professor Stephen Vladeck argued that the U.S. Supreme Court decision United States v. Eaton allowed the appointment since it was temporary and that Sessions formally resigned.

Electoral history

2002 Iowa State Treasurer

2014 U.S. Senator for Iowa

Personal life

Whitaker has three children with his wife, Marci, a civil engineer.

References

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11. "State Sen. McCoy not guilty of extortion". Sioux City Journal. December 14, 2007. Retrieved 2018-11-07.
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15. "GOP's Matt Whitaker says he's running for U.S. Senate". Archived from the original on 2013-06-28. Retrieved 2013-05-07. {{cite web}}: Unknown parameter |dead-url= ignored (|url-status= suggested) (help)
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19. CNN, Caroline Kelly and Liz Stark,. "Former Trump co-chairman on meeting FBI source: Like sitting in 'faculty lounge talking about research'". Retrieved 7 November 2018. {{cite web}}: |last= has generic name (help)CS1 maint: extra punctuation (link) CS1 maint: multiple names: authors list (link)
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21. "World Patent Marketing". Federal Trade Commission. 2017-03-14. Retrieved 2018-11-07.
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23. https://www.facebook.com/PostRoz. "Before he led the Justice Department, Matthew G. Whitaker promoted company accused of deceiving clients". Washington Post. Retrieved 2018-11-09. {{cite web}}: |last= has generic name (help); External link in |last= (help)
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29. Zeitlin, Matthew. "The New Acting Attorney General Was Previously a Dark Money–Funded Clinton Antagonist". Slate Magazine. Retrieved 2018-11-08.
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34. Novak, Viveca; Massoglia, Anna (April 15, 2016). "New nonprofit tied to stealthy circle of dark money groups - OpenSecrets News". OpenSecrets News. Retrieved November 9, 2018.
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37. "Acting Attorney General Matt Whitaker Was a CNN Contributor". The Hollywood Reporter. November 7, 2018. Retrieved 2018-11-07.
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42. "As a Senate candidate, Whitaker said he could not support ‘secular’ judicial nominees," Washington Post, November 9, 2018: https://www.washingtonpost.com/politics/as-a-senate-candidate-whitaker-said-he-could-not-support-secular-judicial-nominees-and-that-courts-should-be-inferior-branch/2018/11/09/608e23a4-e45c-11e8-8f5f-a55347f48762_story.html
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External links

• Profile at Linkedin
• Archived official campaign site Matthew Whitaker for Treasurer (2002) and U.S. Senate (2014)
• Financial information (federal office) at the Federal Election Commission
• Profile at Vote Smart
• Appearances on C-SPAN

v t e Members of the Cabinet of the United States
Cabinet members	Biden Harris Austin Becerra Blinken Buttigieg Cardona Garland Granholm Haaland Mayorkas McDonough Raimondo Su Todman Vilsack Yellen
Cabinet-level members	Bernstein Burns Guzman Haines Prabhakar Regan Tai Thomas-Greenfield Young Zients
acting Cabinet of Joe Biden

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• Current events from November 2018
• 1969 births
• Living people
• Politicians from Des Moines, Iowa
• Iowa Hawkeyes football players
• University of Iowa alumni
• University of Iowa College of Law alumni
• Iowa Republicans
• United States Attorneys for the Southern District of Iowa
• People from Ankeny, Iowa
• Iowa lawyers
• Trump administration personnel