Updated at 12:53 p.m. ET

Acting Attorney General Matthew Whitaker's temporary appointment was legal, the Justice Department said in a memo on Wednesday — but it did not address whether he must recuse himself from the Russia investigation.

President Trump has the power to appoint Whitaker as an acting replacement for former Attorney General Jeff Sessions because Whitaker has been a senior enough leader for more than a year, the Office of Legal Counsel concluded.

Whitaker was Sessions' chief of staff.

Updated at 1:08 p.m. ET

After days of mounting criticism for mishandling ballots and overall election mismanagement as Florida conducts three statewide recounts, Broward County Supervisor of Elections Brenda Snipes has suggested she might not want to stay on the job for long.

The mayor of Gloversville has been arrested for a second time while in office. New York State Police say 40-year-old Dayton King was charged with falsifying business records, official misconduct and petit larceny. Police say an investigation showed the Republican had been using the City of Gloversville postage meter for personal business and falsifying its ledger. He is due in city court Monday. King pleaded guilty to a violation in September related to an official misconduct charge that arose in the last mayoral election, which he narrowly won.

Rich Guthrie and Tom Lake have migrated back to Studio A to answer your birding questions. WAMC's Ray Graf hosts.

Votes are still being counted in several House races. But the AP has called another race in California, projecting Democrat Josh Harder the winner in the Modesto-area 10th Congressional District over incumbent Republican Jeff Denham.

That means, more than a week after Election Day, Democrats have increased their House gains to a net of 33 seats — and, when all the vote is counted, they may get to 39.

Make no mistake: That is a very big wave.