DOJ Appoints US Attorneys Unlawfully
NEWS & RESEARCH
Federal judge ruled that three prosecutors handpicked by then-Attorney General Pam Bondi to lead the New Jersey attorney general’s office were appointed illegally, finding that the administration bypassed the required Senate confirmation process. Following the resignation of Alina Habba—who was previously disqualified for the same constitutional violation—Bondi attempted to circumvent congressional approval by splitting the leadership role among three administration-friendly lawyers. The judge called Bondi’s action an executive overreach, warning that a lack of legitimate leadership could jeopardize thousands of pending criminal cases and lead to their eventual dismissal. Meanwhile, the Second Circuit appeared likely to find that the administration’s practice of appointing interim US attorneys for extended durations periods without Senate confirmation was illegal and, therefore, the interim US attorney’s actions could be voided.
SOURCES: The Guardian | New York Times | Court’s decision | AP
ANALYSIS & OPINION
President Trump is weaponizing the Justice Department by nominating "MAGA loyalists" to powerful U.S. attorney positions in red states to pursue political vendettas, argue analyst Jeffrey Toobin, who calls three specific nominees—Darin Smith, Phillip Williams Jr., and Dan Bishop—"chillingly unqualified" due to their lack of trial experience and their public support for efforts to overturn the 2020 election or downplay the events of January 6. By using new Senate procedural rules to bypass traditional scrutiny, the administration is positioning these prosecutors to exercise vast discretionary power, which are already being misused to target perceived political adversaries.
SOURCES: New York Times
HOW TO FIX IT
Federal action:
Pass the Security from Political Interference in Justice Act to safeguard independence of Department of Justice by requiring transparent record of communications between White House and DOJ.
Pass the the Prohibiting Political Prosecutions Act of 2026. whihc prohibits government attorneys from being influenced by the political association, activities, or beliefs of a person in determining whether to take legal action against the person.
Strengthen internal oversight, including bolstering the authority of the Inspector General to investigate misconduct.
Ensure that career civil servants are shieled from political retaliation and their judgment I respected in prosecutorial decisions.
Legislation: S.1915 - Security from Political Interference in Justice Act of 2019 | S.3874 - Prohibiting Political Prosecutions Act of 2026
