The clash between the Trump administration and the judicial branch over who runs the Justice Department’s Eastern District of Virginia has taken an interesting turn. Recently, a panel of judges appointed James W. Hundley as the interim U.S. attorney. Almost immediately after this announcement, Deputy Attorney General Todd Blanche fired him, saying it’s the president who decides these appointments.
This is not the first time this month that the administration has dismissed a federally appointed prosecutor. Earlier, the administration faced backlash over appointments that a court declared unlawful. The judges had appointed Hundley based on federal law, allowing them to fill the role when a previous interim term expires.
Erik Siebert, the former interim U.S. attorney, resigned in September amidst concerns about evidence linked to high-profile figures like former FBI Director James Comey and New York Attorney General Letitia James. Lindsey Halligan took over after Siebert but drew national attention when she secured grand jury indictments against Comey and James, which were later thrown out due to the judges deeming her appointment unlawful.
According to U.S. District Judge Cameron Currie, federal law limits interim appointments to 120 days. Siebert’s case was extended by the judges, but Halligan’s tenure was cut short by the court’s ruling. Meanwhile, the Justice Department insists it holds the right to appoint interim U.S. attorneys, unless the Senate objects, pointing to executive authority.
This standoff has become a legal tug-of-war, with accusations of the administration trying to bypass Senate confirmations. In Virginia, similar decisions have been made about temporary U.S. attorneys appointed during the Trump era. Critics say this undermines the democratic process, while others, including Trump, argue that Senate Democrats have obstructed confirmations.
Such tensions occur not only in Virginia but also in states like New York, New Jersey, California, and Nevada, where judges have ruled on this matter.
In a recent post, Blanche reaffirmed that according to the Constitution, it’s the president who holds the authority to appoint U.S. attorneys. This ongoing conflict highlights the struggle between different branches of government and raises questions about accountability and power.
Experts note how these judicial conflicts mirror larger patterns in U.S. history, where administrations have clashed with the judiciary over appointments and authority. Such instances can affect public trust and the overall legal landscape. As these disputes unfold, they remind us of the delicate balance of power in American governance.
For more on the legal processes related to U.S. attorneys, you can refer to this Cornell Law article.
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United States Department of Justice, U.S. Attorney's Office, Virginia
