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The Justice Department's Office of Legal Counsel (OLC) advised President Trump that it was within his authority to nominate an official such as former DOJ chief of staff Matthew Whitaker as acting attorney general following Jeff Session's resignation, a senior DOJ official told reporters on Wednesday.

Between the lines: In its written opinion, the OLC argued that the Vacancies Reform Act (VRA) and AG Succession Act present two possible legal avenues for choosing a temporary AG successor, and that neither supersedes the other. The VRA allows the president to choose a high-level agency official who has served for 90 days, regardless of whether they have received Senate confirmation.

  • The OLC also argued that a person serving in a temporary or acting position is not considered a principal officer. Therefore, the office said Whitaker's appointment does not violate the appointments clause of the Constitution, which requires all principal officers be confirmed by the Senate.

The bottom line: Each of these points have been questioned by various legal experts and former DOJ officials. While there have been court rulings on similar situations, which are highlighted in the OLC's written opinion, legal experts have told Axios that there have not been any rulings that specifically address this legal issue. The legality of Whitaker's appointment could still ultimately be decided in court.

The backdrop: The OLC provides legal advice to the president as well as all executive branch agencies, although their opinions have been overturned in some cases — most notably, the "torture memos."

Go deeper: Read the full OLC opinion.

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The big picture: Congress is just one arm of government making the case against these companies. Google is expected to be the first of the firms to face possible antitrust litigation from the Justice Department before summer's end, but all four face a full-court press of investigations by DOJ, the Federal Trade Commission and state attorneys general.

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The White House coronavirus task force will examine more closely just how much SARS-CoV-2 might be transmitted via aerosols, and not just from droplets, NIAID director Anthony Fauci said Wednesday at an online forum sponsored by Harvard T.H. Chan School of Public Health.

Why it matters: The longer the coronavirus can remain infectious in the air, the more likely it can infect people, particularly indoors — leading to the possible need to alter air filtration and circulation within buildings.

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Call it the great retail wash. A wave of defaults, bankruptcies and evictions expected in cities across the U.S. is poised to remake the retail landscape across the country, but there may be some upside for consumers and small businesses.

Why it matters: Rather than an overnight descent into a collection of urban wastelands full of Starbucks, Amazon fulfillment centers, Chase bank branches and nothing else, the coronavirus pandemic and resulting retail apocalypse may just mean that, in major U.S. cities, less is more.