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3w ago

Trump Administration Bypasses Senate to Extend U.S. Attorneys' Acting Tenures

A gap in federal law coupled with judicial inaction has allowed the Justice Department to keep Trump loyalists in acting roles beyond their typical term

FILE: Lake Elsinore Mayor Natasha Johnson speaks during a press conference in Lake Elsinore on Tuesday, Feb. 7, 2023.
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FILE: Republican Assemblymembers Tom Lackey, of Palmdale, left, and Bill Essayli, of Riverside, huddle at the Capitol in Sacramento, Calif., July 10, 2023. 
FILE: California Assemblymember Corey Jackson along with fellow lawmakers honor women in California during Women’s History Month on Monday, March 20, 2023, in Sacramento, Calif.

Overview

  • Bill Essayli’s interim 120-day term expired July 30 and he immediately assumed an acting U.S. Attorney role in Los Angeles for up to 210 more days without Senate confirmation
  • Within hours of his extension, Essayli’s office filed motions to dismiss indictments against ex-Fatburger CEO Andrew Wiederhorn and convicted deputy Trevor Kirk
  • Alina Habba remains acting U.S. Attorney in New Jersey after AG Pam Bondi ousted her panel-approved successor and DOJ defended Habba’s authority in a court brief
  • Federal judges in New Jersey have paused criminal hearings and transferred at least one case to Pennsylvania as they weigh challenges to Habba’s appointment
  • Legal experts and DOJ officials warn these tactics exploit the Federal Vacancies Reform Act and judicial nondecisions to sidestep Senate advice-and-consent and heighten separation-of-powers tensions