"Judges have repeatedly ruled that federal law allows the president to make only one interim appointment (lasting 120 days) as U.S. Attorney in any given federal district, after which the position may only be filled by a Senate-confirmed nominee or a judicially installed placeholder. That basic of statutory interpretation has led to the disqualification of New Jersey "U.S. Attorney" Alina Habba, Eastern District of Virginia's Lindsey Halligan (no matter what her signature line currently says), Sigal Chattah in Nevada, and Bill Essayli in Southern California."
"Today, the club of DQ'd federal prosecutors got a little bigger with the addition of the Northern District of New York's John Sarcone III. After getting the interim appointment from Trump, Sarcone served his 120 days then a panel of judges declined to extend his role. Trump tried to hand wave this snafu with some appointment shenanigans - Pam Bondi called him a "special attorney" with an "indefinite" term."
Donald Trump has sought to install interim U.S. Attorneys without Senate confirmation and beyond the single 120-day interim allowed by 28 U.S.C. §546. Federal judges have repeatedly held that only one presidential interim appointment lasting 120 days is permitted, after which a Senate-confirmed nominee or court-appointed placeholder must serve. Multiple Trump-appointed interim prosecutors have been disqualified, including Alina Habba, Lindsey Halligan, Sigal Chattah, Bill Essayli, and now John Sarcone III. Sarcone served 120 days, then a judicial panel declined extension; attempts to relabel him "special attorney" were rejected. Judge Lorna Schofield ruled Sarcone lacked lawful authority when issuing subpoenas.
Read at Above the Law
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