San Antonio judge rules appointing Matthew Whitaker constitutional

    Photo: U.S. Department of Justice

    SAN ANTONIO - A San Antonio judge has ruled appointing Matthew Whitaker as acting Attorney General constitutional.

    Many have questioned Whitaker's appointment after Jeff Sessions resigned. But District Judge David Ezra ruled Tuesday afternoon the appointment is valid.

    This is important locally as Luis Valencia is facing federal oil-theft charges. His attorney tried getting the case dismissed arguing Whitaker's appointment wasn't valid.

    However, Judge Ezra ruled even if Whitaker's appointment wasn't valid, there are still Justice Department lawyers who have authority to prosecute Valencia.

    His attorney plans to appeal.

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