Stakes Raised as Administration, Federal Judges, Senate Square Off Over U.S. Attorney Positions
The nomination and Senate confirmation of U.S. Attorneys, normally a routine affair, is now embroiled in politics as the Trump Administration, the Senate, and federal judges are at odds over several appointments.
The administration recently used legal maneuvers to bypass the Senate and extend the interim tenures of U.S. Attorneys in the District of New Jersey and the Northern District of New York.
Garden State Fight
In New Jersey, President Trump maneuvered to keep his former personal attorney Alina Habba as acting U.S. attorney on a longer-term basis.
The president initially appointed Habba as interim U.S. Attorney for 120 days. After that time expired, the state’s federal judges selected career prosecutor Desiree Leigh Grace to serve as acting U.S. Attorney instead of Habba.
But President Trump fired Grace, pulled Habba’s permanent nomination, and put Habba back on the job on an acting basis.
“This Department of Justice does not tolerate rogue judges — especially when they threaten the president’s core Article II powers,” said Attorney General Pam Bondi.
Both New Jersey Senators, Cory Booker (D) and Andy Kim (D) opposed Habba’s nomination. Under the Senate Judiciary Committee’s “blue slip” policy, a nomination for U.S. Attorney or federal district court cannot move forward unless both senators approve.
President Trump has called for the end of the “blue slips” practice in the Senate.
Habba made waves during tenure with the arrests of Newark Mayor Ras Baraka and Representative McIver (D-NJ) for trespassing at an Immigration and Customs Enforcement (ICE) facility.
Northern District of New York
In the Northern District of New York, the Department of Justice (DOJ) maneuvered to keep John A. Sarcone III as acting U.S. attorney. This despite a panel of the state’s federal judges rejecting him for the position after the 120 day appointment ended.
Instead, DOJ appointed Sarcone as “special attorney to the attorney general,” which retains some of the powers of the U.S. attorney with no time limit.
The move keeps Sarcone in place despite a string of problems that have raised questions about his credibility and qualifications. The Albany Times Union reported that the address Sarcone listed in a police affidavit was actually a boarded-up building.
Eastern District of California
In the Eastern District of California, the Trump Administration fired acting U.S. Attorney Michele Beckwith and replaced her with career prosecutor Kim Sanchez, who will also serve in an acting capacity.
The move was called “unusual.”
“What’s not normal or typical is literally the firing or the termination of the federal employment of the acting U.S. attorney. I do not know why that happened and I’m not going to speculate,” said former U.S. Attorney McGregor Scott.
Prosecutors Fired
The tussle over top jobs comes as dozens of federal prosecutors have been shown the exit since President Trump took office.
According to the Washington Post about 40 have been fired (not including the ones who left voluntarily) with the dismissals coming without warning. Those axed included prosecutors who worked on cases against President Trump and on the suspects who stormed the U.S. Capitol on January 6, 2021. Also fired from her post in the Southern District of New York is Maurene Comey, daughter of former FBI Director James Comey, whom President Trump fired in his first term.
In a statement, the National Association of Assistant U.S. Attorneys (NAAUSA) said the firings of career AUSAs “will make it far more difficult for DOJ to recruit and retain qualified attorneys, inhibit employees from executing their constitutional duties out of fear of reprisal, and will ultimately make our society less fair, safe, and secure.”