Trump DOJ Appointment Strategy Faces Appeals Court Scrutiny Over Prosecutor Authority
A federal appeals court panel appeared skeptical Monday of the Trump administration’s use of extended interim appointments for top federal prosecutors who have not been confirmed by the U.S. Senate.
The case centers on John Sarcone, the acting U.S. attorney for the Northern District of New York. Judges at the 2nd U.S. Circuit Court of Appeals questioned whether the administration’s approach could sidestep the Senate’s constitutional role in confirming U.S. attorneys.
The dispute matters because prosecutors appointed through contested methods may have issued subpoenas, pursued investigations or overseen cases that later become vulnerable to legal challenge.
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Sarcone’s case is not isolated. Courts have also scrutinized Trump-backed appointments involving Alina Habba in New Jersey and Lindsey Halligan in Virginia.
The Justice Department has defended the use of temporary appointment rules. But if appellate courts reject that approach, the ruling could limit how long administrations can keep acting prosecutors in power without Senate approval.
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