Dems argue, if Whitker is judged invalid, whatever he did would be nullified. - Is this possibly Setting Them Up for Obama? Democrats are arguing that AG Interim Whitker does not qualify since he did not server in a Senate confirmed role.  Therefore, if this is proven out in litigation, any action he took would be nullified. Notice that both Whitker and Kirstjen Nielson co-released new amnesty rules.  If one member was rendered invalid, would rule still stand?  Now, let imagine that the court rules Whitker did not qualify as valid choice to fill interim AG position, and that since he was deemed invalid, nothing he did in the AG role would be valid.  The Democrats would celebrate this far and wide right?  I don't believe there is precedent for this, but lets imagine he was deemed invalid to serve in AG job, was forced to leave, and everything he did was rendered null and void, as though it never happened Now lets move ahead to Obama.  Imagine if irrefutable evidence exit, (many of of thinks it does exist) to prove that Obama was not eligible to server as president, and his two terms were nullified, and thus anything he signed would therefore become null and void.  The precedent would have been set by the Whitaker nullification and democrats would not have any redress.