Courts Reject Extensions for Trump-Appointed U.S. Attorneys

The U.S. District Court for the Western District of Virginia has declined to extend the temporary term of acting U.S. Attorney Robert Tracci, marking a significant development in the ongoing conflict between the Trump administration and the judiciary regarding the appointment of federal prosecutors. This decision follows similar rulings from other courts, including the Eastern District of Wisconsin, where judges also opted not to extend the terms of Trump-appointed U.S. attorneys.

The HillJudges Turn Down Extension of Virginia US Attorney’s Term (2)The Hill

Tracci's term is set to expire on March 18, and the court's unanimous decision reflects a broader trend where federal judges are withholding approval for U.S. attorneys installed by President Donald Trump. The judges stated they prefer to await a formal nomination from the President, which would then require Senate confirmation. This situation has arisen amid stalled confirmations for several of Trump's nominees, leading to a tug-of-war over the authority to fill these critical positions.

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• Robert Tracci: Acting U.S. Attorney for the Western District of Virginia, previously held a senior role in the Virginia Attorney General's office.

Judges Turn Down Extension of Virginia US Attorney’s Term (2)

• Donald Trump: Former President, whose administration has faced challenges in maintaining its appointed U.S. attorneys.

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• Brian McGinn: Spokesman for the U.S. Attorney’s Office in the Western District of Virginia, who declined to comment on the court's decision.

Judges Turn Down Extension of Virginia US Attorney’s Term (2)

The refusal to extend Tracci's term is part of a pattern where judges have disqualified several of Trump's U.S. attorney picks across various districts, including New Jersey, Nevada, California, and New York. The Justice Department has attempted to retain some of these interim U.S. attorneys despite their terms expiring, arguing that the President has the sole authority to appoint them. However, courts have cited federal vacancy law, which grants district judges the power to appoint federal prosecutors after interim terms end.

The HillThe HillJudges Turn Down Extension of Virginia US Attorney’s Term (2)

A spokesperson for the Justice Department reiterated the administration's stance, stating, “Judges do not pick U.S. attorneys—President Trump does. This Department of Justice will continue to defend our qualified and capable prosecutors who are working to make America safe again.” The U.S. Attorney’s Office for the Western District of Virginia did not provide further comments on the court's decision.

The HillJudges Turn Down Extension of Virginia US Attorney’s Term (2)The Hill

Critics of the Trump administration's approach have pointed out the legal complexities and potential implications of maintaining interim U.S. attorneys without proper appointments. U.S. District Judge Matthew Brann highlighted concerns regarding the legitimacy of leadership structures in federal prosecuting offices, questioning the impact on thousands of criminal prosecutions.

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While the Justice Department maintains that it has the authority to appoint U.S. attorneys, courts have consistently ruled against this interpretation, leading to a conflict that remains unresolved. The ongoing legal battles and appeals by the Justice Department indicate a significant gap in consensus regarding the appointment process for U.S. attorneys.

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• “Judges do not pick US attorneys—President Trump does.” — Justice Department Spokesperson

Judges Turn Down Extension of Virginia US Attorney’s Term (2)

• “The Court awaits the nomination and confirmation of a full-time United States Attorney by the President and United States Senate,” — U.S. District Court Notice

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This situation underscores the ongoing tensions between the executive branch and the judiciary concerning the appointment of federal prosecutors, with implications for the functioning of the U.S. legal system.

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