Trump-appointed lawyers managing significant federal court districts in Democratic-led states are facing escalating legal challenges that jeopardize their authority and threaten ongoing criminal cases. U.S. Attorney Lindsey Halligan, who notably indicted former FBI Director James Comey in Virginia, is one of those under scrutiny. This situation extends beyond just Halligan to appointees in states like New Jersey, California, and Nevada.
Trump expressed his frustration over the Senate’s “blue slip” tradition, which allows home-state senators to have a say in approving U.S. attorney nominees. He stated, “It’s stupid and outdated,” indicating his dissatisfaction with the barriers to securing confirmations for his Republican appointees. This practice has obstructed nominees, including Erik Siebert, who Trump nominated for the Eastern District of Virginia and later removed after failing to obtain necessary approvals from the state’s Democratic senators.
More notably, the challenges surrounding Halligan’s appointment could have serious implications. Halligan, a former insurance lawyer lacking prosecutorial experience, was thrust into her role at a time when Trump sought to press charges against his adversaries, including Comey and New York Attorney General Letitia James. She was the only prosecutor to sign the indictment against Comey, a fact that has raised questions about her authority. Josh Blackman, a professor at South Texas College of Law, highlighted the potential fallout: “If it’s found that she was not properly appointed — she was the only person who signed the Comey indictment — that indictment’s thrown out, so the stakes are actually pretty high,” he cautioned.
The situation has also drawn attention due to Halligan’s exclusive role in signing James’ bank fraud indictment, contrasting sharply with other prosecuting teams where multiple lawyers collaborated on charges, like the case against former National Security Adviser John Bolton.
In New Jersey, Alina Habba, another Trump ally, faces obstacles with her authority as the acting U.S. attorney. After her interim term ended, Trump and Attorney General Pam Bondi exploited federal vacancy laws to sidestep the Senate and reappointment challenges. However, Judge Matthew Brann ruled her reappointment unlawful. The upcoming arguments before the U.S. Court of Appeals for the Third Circuit could escalate to the Supreme Court. The DOJ has defended the president’s authority to appoint acting officials, arguing that Congress likely did not intend for the president to depend on career officials who may oppose his policies.
Challenges to Trump’s approach are not limited to Halligan and Habba. A federal judge disqualified Sigal Chattah from being the temporary U.S. attorney in Nevada, while Acting U.S. Attorney Bill Essayli faces scrutiny in California, where criminal cases involving immigration matters are particularly sensitive. Defendants in California have filed motions to dismiss their cases, claiming that the methods used to extend Essayli’s appointment violate constitutional protections laid out by Congress.
Carl Tobias, a law professor, remarked that Trump’s maneuvers seem to contradict the spirit of constitutional governance: “It’s good to have that scrutiny from the Judiciary Committee and then on the [Senate] floor,” he noted. Blackman added layers to the discussion by explaining that the escalating tension over these appointments reflects an unprecedented situation, highlighting two main issues: the reluctance of Democratic senators to support Trump’s nominees and the legal permissiveness of bypassing traditional confirmation processes. “Trump is sort of pushing novel grounds. This hasn’t really been tested before like this,” Blackman concluded.
As these legal disputes unfold, it remains clear that Trump’s pursuit of loyal appointees may not only reshape the landscape of federal prosecutions in these states but also ignite broader constitutional questions about the appointment and authority of U.S. attorneys amid a politically charged environment.
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