Trump Administration Removes Prosecutor Appointed by Judges in Eastern District of Virginia

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Trump Administration Removes Prosecutor Appointed by Judges in Eastern District of Virginia

The Trump administration fired a newly appointed interim U.S. attorney for the Eastern District of Virginia on Friday, just hours after a panel of federal judges selected him to lead the office.

Judges in the district unanimously chose veteran litigator James W. Hundley to serve as interim U.S. attorney, citing a federal law that allows district court judges to fill the position if a prior interim appointment expires.

Shortly after the announcement, Deputy Attorney General Todd Blanche said on social media that Hundley had been dismissed.

“EDVA judges do not pick our U.S. Attorney. POTUS does,” Blanche wrote. “James Hundley, you’re fired!”

The move marks the second time this month that the administration has removed a prosecutor appointed by federal judges, as disputes continue over whether certain temporary U.S. attorneys were serving lawfully.

The leadership of the Eastern District of Virginia office has been in flux since interim U.S. Attorney Erik Siebert resigned in September after raising concerns about criminal investigations involving former FBI Director James Comey and New York Attorney General Letitia James.

Lindsey Halligan, a former White House aide, was later named interim U.S. attorney. However, a federal judge ruled in November that she had been unlawfully appointed, finding that the 120-day limit for interim U.S. attorneys had expired.

The Justice Department has argued that it has broad authority to appoint interim U.S. attorneys unless the Senate refuses to confirm a nominee. But federal judges have pushed back, saying repeated temporary appointments could sidestep the Senate confirmation process required for permanent prosecutors.

Similar rulings have been issued in other states, including New York, New Jersey, California and Nevada. In a comparable case last week, judges appointed a temporary U.S. attorney in the Northern District of New York, only for the administration to remove that appointee shortly afterward.

The standoff highlights an escalating constitutional dispute between the executive and judicial branches over who has the authority to fill top federal prosecutor positions.


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Joseph Johnson

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