A federal appeals court rejected the Donald Trump administration’s method for installing prosecutors without Senate approval. The Ninth Circuit ruling on Monday creates a new legal obstacle for the White House’s appointment strategy and sets up a potential Supreme Court battle. Following this, the administration announced within hours that it would appeal the decision.
Donald Trump faces a roadblock as judge rejects his US Attorney
Judge Eric D. Miller, a Donald Trump appointee, wrote the unanimous opinion for a three-judge panel. He ruled the attorney general cannot delegate all US attorney duties to someone unconfirmed by the Senate.
According to The New York Times, the case centers on Nevada, where Trump ally Sigal Chattah continues leading the U.S. Attorney’s Office despite her temporary appointment expiring. The court upheld a lower order disqualifying her. The administration nominated George Kelesis in February, but the Senate has not confirmed him.
Miller wrote that the attorney general lacks authority to “create a de facto acting U.S. attorney by delegating all of the functions and duties” to another person. Additionally, this is the second appellate loss for Trump’s administration on this issue. The Third Circuit ruled in December that Alina Habba, Trump‘s former personal lawyer, served unlawfully as US attorney in New Jersey. The administration did not appeal that decision, and Habba later resigned.
Despite the rulings, the practice continues. The administration has placed unconfirmed lawyers as first assistants running offices from Los Angeles to Northern New York. James I. Pearce, who argued against the administration, said the decision “confirms what the district court — and every other court that has examined these tactics — already found: The government cannot circumvent the Senate’s role in confirming a U.S. attorney.”
All in all, these appointment tactics have been deemed to fuel instability within the Justice Department as it pursues cases against the president’s perceived opponents. It’s yet to be seen how it plays out in the Supreme Court.
Originally reported by Devanshi Basu on Mandatory.
