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Something happen that was very interesting on Fox and Friends. They asked a legal expert about the resignation/firing of Jeff Sessions and did not get the answer they were looking for. The legal expert Andrew Napolitano stated that legally Whiticare cannot become the acting AG because of these 3 conditions.

You have to already be the Deputy AG
If you have a job at the DOJ that requires you to be confirmed by the Senate
If you were appointed while the Senate was in recess

Whitaker does not meet any of those conditions so he cannot be the Acting AG. This is probably why the Dems are looking to do an emergency session on Whitaker appointment. If this legal expert is correct then it appears that Trump pulled the trigger to soon.