President Trump’s new acting Attorney General Matthew Whitaker is facing questions of legitimacy, with the state of Maryland reportedly set to ask a federal judge for an injunction declaring his appointment illegal.

The state is likely to make an unprecedented move on Tuesday in a bid to block Whitaker from exercising the duties in the position, arguing that his appointment is not legitimate. The state will claim that deputy attorney general Rod Rosenstein is the rightful acting attorney general, the New York Times reported.

A draft filing of the motion obtained by the newspaper claims the president cannot “bypass the constitutional and statutory requirements for appointing someone to that office.”

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