Posted on 07/31/2025 10:57:26 AM PDT by E. Pluribus Unum
‘President Trump deserves to pick the people working for him,’ Lee said.
Sen. Mike Lee, R-Utah, will introduce on Thursday a short two-page bill designed to — as the legislation’s preamble explains — “restore executive power to appoint United States attorneys.” The move comes following two high-profile fights between the Department of Justice and federal courts that refused to acquiesce in the president’s pick for U.S. attorney.
U.S. attorneys hold authority to enforce the law on behalf of the executive branch within 94 judicial districts throughout the United States. U.S. attorneys are political appointees, selected by the president to ensure those charged with enforcing the law follow his policy priorities, but they are subject to the advice and consent of the Senate. So, unless and until the Senate confirms the president’s choice, the U.S. attorney position remains vacant.
To account for this delay, Congress authorized the attorney general to appoint, for up to 120 days, an interim U.S. attorney. That same statute provides that if the presidential appointee is not confirmed within that 120-day period, “the district court for such district may appoint a United States attorney to serve until the vacancy is filled.”
The Senate’s delay in considering Trump’s U.S. attorney nominations has caused the 120-day clock to run out on some acting U.S. attorney appointments. Under the current legislation, then, the district courts hold authority to name a new acting U.S. attorney. And while the courts could name the same person selected by the Trump Administration, we’ve seen two recent cases where the judges have refused to do so.
For instance, in the Northern District of New York, which is based in Albany, Attorney General Pam Bondi appointed John A. Sarcone III to serve as the interim U.S. attorney. However, after the 120-day statutory period...
(Excerpt) Read more at thefederalist.com ...
Imagine January 2029: A Democrat has become President, but the GOP still has a Senate majority.
President Newsom or President Buttigieg or President Ocasio-Cortez appoints a bunch of radical leftists to be chief prosecutors. The Senate refuses to confirm them. Even some Democrats find them to be unqualified.
Under current law, the nutjob can serve for only 120 days. Then the judges appoint someone — probably some assistant U.S. Attorney who’s worked in the office for years and is fairly nonpolitical.
Under this bill, there would be no such procedure. The President would find 94 U.S. Attorneys who are recommended by the Democratic Socialists of America. The Senate would have no voice. These appointees would serve until the next election.
Bad idea, IMO.
Once voted against by the Senate simply make them ineligible to fill vacant positions.
The judicial branch should have no say in the matter.
“Once voted against by the Senate simply make them ineligible to fill vacant positions.”
As I understand this bill, no one would ever be voted against by the Senate because no one would ever be submitted to the Senate for confirmation. The President would just pick someone, make the appointment, and that person would serve until the President (or a new President) picked someone else.
Sounds like a Senate/Congress problem. They have ways of dealing with such things.
The fascist feral “judges” have got to go. They weaponize the judiciary for the DemonRATS.
.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.