Chicago set to join fight over Whitaker’s appointment as acting attorney general

Chicago is apparently about to join the fight against what an influential alderman called President Donald Trump’s “clearly illegal” appointment of Acting Attorney General Matthew Whitaker.

The City Council’s Finance Committee rushed through an “order” on Wednesday authorizing Corporation Counsel Ed Siskel to either join Maryland’s lawsuit challenging the Whitaker appointment or file a separate legal action challenging the legality of the Nov. 7 appointment.

Finance Committee Chairman Edward Burke (14th) championed the order in yet another attempt to distance himself from Trump, a former law client.

Burke has had a political bull’s-eye on his back since his brother, state Rep. Dan Burke (D-Chicago), was defeated by political newcomer Aaron Ortiz in a primary race dominated by Edward Burke’s property tax reduction work for the riverfront hotel and condominium tower bearing Trump’s name.

Burke has since cited “irreconcilable differences” for his decision to stop representing Trump. That hasn’t stopped Congressman-elect Jesus “Chuy” Garcia and his allies from recruiting a challenger.

Beyond the politics, there are real ramifications for Chicago, as Burke was quick to point out during the Finance Committee meeting that preceded Wednesday’s City Council meeting.

Under ousted Attorney General Jeff Sessions, the U.S. Department of Justice has been trying to cut off federal funding to Chicago and other sanctuary cities. Chicago has been engaged in a running legal battle to stop that funding cut-off and has, so far, been successful.

Before being forced out, Sessions also filed the equivalent of an amicus brief declaring the DOJ’s opposition to the consent decree that Mayor Rahm Emanuel and outgoing Illinois Attorney General Lisa Madigan spent nearly a year negotiating; the decree outlines terms of federal court oversight of the Chicago Police Department.

At Wednesday’s hearing, Burke repeatedly referred to Sessions by his full name: Jefferson Beauregard Sessions.

The move was an obvious attempt to portray the outgoing attorney general as the equivalent of former longtime Alabama Gov. George Wallace standing in the school house door in a symbolic attempt to block two black students from enrolling in the University of Alabama.

The Maryland lawsuit seeks to enjoin Whitaker from his duties as acting attorney general on at least two grounds: that the acting attorney general must be approved by the U.S. Senate and that the “government succession act” demands Sessions be replaced by Deputy Attorney General Rod Rosenstein.

Burke said history has a lesson for Trump.

“It was a similar action by President Andrew Johnson regarding an appointment of the secretary of war that led to his impeachment,” Burke said.

“The same argument could apply here. … We would have a strong position in regard to this clearly illegal action by President Trump.”

Chicago’s top federal prosecutor refused to comment on the Council action Wednesday.

U.S. Attorney John Lausch acknowledged he has spoken to Whitaker, and expects “the priorities of the department are going to continue to be the same.” But he declined to elaborate on his conversation with Whitaker or offer an opinion about the legitimacy of Whitaker’s appointment.

Contributing: Jon Seidel