On Wednesday’s broadcast of the Fox News Channel’s “Shepard Smith Reporting,” Fox News Senior Judicial Analyst Judge Andrew Napolitano criticized the Department of Justice for their determination that Acting Attorney General Matthew Whitaker’s appointment is legal.

Napolitano said, “I was very disappointed to see the lawyers who work for Matthew Whitaker go back to 1866 and look for a precedent there to decide whether or not he was lawfully appointed. I don’t care what happened in 1866. Because the Congress changed the law in the 1960s, and said whoever runs the Justice Department has to be nominated by the president and confirmed by the Senate. Because we put too much power in their hands.”

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