SCIUTTO: Happening today, Cnn has learned that the Justice Department is expected to issue a legal opinion that will defend President Trump's appointment of Matthew Whitaker as the acting Attorney General. This as Democrats in Congress continue to call for Whitaker to recuse himself from Robert Mueller's Russia investigation. Whitaker has publicly criticized the Russia probe multiple times in the past which has some Democrats claiming that he was appointed by the president to hinder or even kill the investigation. Let's discuss this now with Mike Rogers; he's Cnn national security commentator, former Republican chair of the House Intelligence Committee. Congressman, thank you for taking the time.</s>MIKE ROGERS, FORMER CHAIR, HOUSE INTELLIGENCE COMMITTEE: Hey, thanks for having me.</s>SCIUTTO: So, first, your reaction to Whitaker's appointment here, you're a Republican, but you've been a defender of the special counsel Robert Mueller being able to complete his work. First of all, do you see Whitaker's appointment as intention intended to somehow hinder the investigation?</s>ROGERS: You know, boy, I hate to get there. This is somebody who has been a prosecutor and because he has public statements or public commentary is one set of facts. The fact that he is now the acting Attorney General, you know, I would like to at least let him rise to the level before we jump to some conclusion that he is there specifically to undo the investigation. I think somebody has to have that opportunity. Now, that said, I think this is right in line with the president's kind of impetuous "I pick that guy."
DOJ Office of Legal Counsel to Defend Whitaker's Appointment