A federal court in Virginia attempted to appoint its own U.S. attorney this week, only to see the Justice Department shut the appointment down Friday.
The U.S. District Court for the Eastern District of Virginia (EDVA) appointed veteran litigator James Hundley as interim U.S. Attorney. The move drew an immediate response from Trump administration officials, who made clear the executive branch — and not federal judges — controls U.S. attorney appointments.
CBS News reporter Sarah N. Lynch posted that the EDVA appointed Hundley as interim U.S. Attorney after Lindsey Halligan stepped down in January following a ruling that deemed her appointment unlawful.
Deputy Attorney General Todd Blanche reposted the update and wrote, “Here we go again. EDVA judges do not pick our US Attorney. POTUS does. James Hundley, you’re fired!” READ: Mayor Or Master Of Disguise? Feds Move To Strip Former Florida Mayor Of U.S. Citizenship
In January, federal judges posted an online job application seeking a replacement for Halligan as U.S. Attorney for the Eastern District of Virginia. Chief United States District Court Judge M. Hannah Lauck ordered the court clerk to publish a vacancy announcement on the court’s website and in the Richmond Times-Dispatch, The Washington Post, The Virginian-Pilot and Virginia Lawyers Weekly.
Federal judges have removed Halligan and four other U.S. attorneys from their posts, ruling that their appointments violated the law. Judges in New Jersey, Nevada and California reached similar conclusions and invalidated those appointments.
Federal statute allows district courts to step in and name a U.S. attorney on a temporary basis once the attorney general’s designation lapses, keeping the position filled until a successor takes office.
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