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Danny Hakim


NextImg:Trump Bypasses Congress to Keep Interim Prosecutors in California and Nevada

The Trump administration has decided to extend the terms of the interim federal prosecutors in Southern California and Nevada who were serving under temporary appointments that were set by law to expire, a move that sets the stage for new potential conflicts with Congress and the federal judiciary.

A similar maneuver in New Jersey to extend the service of the interim U.S. Attorney Alina Habba, President Trump’s former lawyer, has led to legal gridlock in the federal court there, as some lawyers and judges question whether Ms. Habba is legally authorized to act as the state’s chief federal prosecutor.

Now, senior Justice Department officials are taking similar actions in California and Nevada, a move that allows the administration to circumvent the stalled Senate confirmation process for some U.S. attorneys, and the role of local judges in filling any long-running vacancies in those jobs.

On Tuesday, the interim U.S. attorney in Nevada, Sigal Chattah, was redesignated as “acting” U.S. attorney on the Justice Department’s website, a day before her term as “interim” prosecutor was set to expire. Several hours later, a similar title change was made for Bill Essayli in Los Angeles.

In all three states, Democratic senators would most likely have sought to block any attempt to make the interim appointments permanent.

“Trump knows Chattah would be soundly rejected by both sides of the aisle if she had to be confirmed by the U.S. Senate, which is why he’s relying on an unconstitutional maneuver to illegally extend her temporary appointment,” said Senator Jacky Rosen, a Nevada Democrat. The state’s other senator, Catherine Cortez Masto, said “it’s clear the Trump administration knows Ms. Chattah is unconfirmable,” adding that she was “unfit for this role.”


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