WASHINGTON (AP) — The Justice Department today (Wednesday), released an internal legal opinion supporting the legality of Matthew Whitaker’s appointment as acting attorney general.
The 20-page opinion from the Office of Legal Counsel, which provides advice to executive branch agencies, is aimed at addressing concerns from Democrats and even some Republicans that President Donald Trump violated the law by naming Whitaker over Deputy Attorney General Rod Rosenstein.

Whitaker had been chief of staff to now-ousted Attorney General Jeff Sessions — a job that didn’t require Senate confirmation. The state of Maryland has challenged Whitaker’s appointment, arguing that the top Justice Department job must be held by someone such as Rosenstein who has been confirmed by the Senate. A Justice Department official said the White House contacted the Office of Legal Counsel for advice, before Sessions was replaced, about options in the event of a vacancy. The department made the official available to brief reporters only on the condition that the official not be identified by name.

The office said Whitaker, even without Senate confirmation, could serve as attorney general on an acting capacity because he has been at the department for more than a year at a “sufficiently senior pay level.”
One statute laying out the department’s line of succession says a deputy attorney general may hold the top spot in the event of a vacancy. But the legal counsel’s office said a president is not bound by that, and that a different law, the Vacancies Reform Act, allows the president to elevate someone without Senate confirmation. The opinion identified more than 160 times in which non-Senate officials were temporarily appointed to fill vacancies as Cabinet secretaries or equivalent jobs.

“As all three branches of government have long recognized, the President may designate an acting official to perform the duties of a vacant principal office, including a Cabinet office, even when the acting official has not been confirmed by the Senate,” the opinion said. The opinion didn’t address the question of whether Whitaker should step aside from overseeing the special counsel’s investigation into potential coordination between the Trump campaign and Russia. Many Democrats have called Whitaker to withdraw from the probe being handled by Robert Mueller and his team of prosecutors, citing derogatory comments that Whitaker made about the inquiry before joining the department. The investigation until now had been overseen by Rosenstein.

Sheriff’s officials in Mills County report numerous arrests took place over the past week.On Monday, 18-year olds Gavin Allen Sickler, and Brandon Ray Kammerer, both of Clarinda, were arrested at around 9:45-p.m. near 360th and Lamber Avenue. Both were charged with Possession of a Controlled Substance. Sickler faces additional charges of Carrying a Weapon, and Driving Under Suspension.

Three arrests took place Sunday, including: 36-year old Brian Joseph Freemont, of Council Bluffs, who was arrested at around 3:50-a.m. on Interstate 29. Freemont was charged with Driving Under Suspension, Having No Insurance, and Operating a Non-registered vehicle. His bond was set at $835; 30-year old Zachary Clay Younts, of Red Oak, was arrested in Fremont at around 11:30-a.m. Sunday, on a Mills County warrant for Violation of Probation. His bond was set at $10,000; And, 20-year old Vladimir Michael Deovillo-Stryka, of Lawrence, KS., was arrested at around 7:30-p.m. Sunday at the Mills County Sheriff’s Office, on two counts of Assault causing injury to an officer. His bond was set at $4,000.

On Friday, at around 1:50-a.m., Mills County Deputies arrested 22-year old Noah Steven Kennedy, of Council Bluffs, for a Controlled Substance Violation, Possession of a Controlled Substance, and Possession of Drug Paraphernalia. His bond was set at $50,000. Thursday night, 21-year old Zachary Vaughn Case, of Glenwood, was arrested on charges that include: Possession of a Controlled Substance; Possession of a Firearm in a Controlled Substance Violation; Fugitive from Justice; Child Endangerment; Possession of Drug Paraphernalia, and on a warrant for Violation of Probation. Case was being held in the Mills County Jail without bond. At the same time and place, 18-year old Breanna Madine Thomas, of Glenwood, was arrested for Child Endangerment. Her bond was set at $2,000.

And, at around 11:35-a.m. Thursday, Mills County Deputies arrested at the Mills County Courthouse, 22-year old Kayla Shae Richardson, of Mineola. She was arrested on a warrant for Revoked Pretrial Release. Bond was set at $50,000.

DAVENPORT, Iowa (AP) — A Davenport board wants tobacco products banned from the city’s parks and golf courses, citing public health concerns. The Quad-City Times reports that the parks and recreation board members Tuesday approved a resolution calling for a ban in all facilities overseen by the parks department. The board asked staffers to work with Scott County health officials to draft a policy for Davenport. The final decision would come from the City Council.

The ban considered by the board would apply to all tobacco products, including chewing tobacco, snuff and electronic smoking devices. Enforcement options included fines and banishment from parks and golf courses. The proposal comes more than 10 years after the state banned smoking in public buildings and most businesses.

Police in Creston report 31-year old Kevin Jungers, of Lenox, was arrested a little before 1-a.m. today (Wednesday). Jungers was taken into custody at 807 W. Taylor Street in Creston, on two counts Possession of a Controlled Substance 2nd Offense, and Possession of Paraphernalia. He was being held in the Union County Jail on a $2,300 bond, plus an additional $2,000 bond for a warrant in Adams County.

(Radio Iowa) — A Waterloo woman is charged with first-degree murder in a homicide case that’s more than five months old. 22-year-old Danaesha Martin was arrested in Norfolk, Virginia on Tuesday. Waterloo police believe she played a roll in the shooting death of her cousin, 22-year-old Shavondes Martin, who’s body was found in a Waterloo alley on May 31st. An autopsy determined he died of gunshot wounds.

Waterloo police say they learned on Thursday that Danaesha Martin was in Virginia. They obtained an arrest warrant, then contacted the United States Marshals Service for assistance in located her. She was taken into custody without incident. According to authorities, the murder of Shavondes Martin remains under investigation.