In a recent development, the Department of Justice (DOJ) has dismissed James Hundley, a lawyer selected by judges to serve as the interim U.S. attorney for the Eastern District of Virginia. His appointment came in the wake of a contentious period following the previous leadership under Lindsey Halligan, who was closely associated with former President Donald Trump. The dismissal highlights ongoing tensions surrounding the authority of federal prosecutor appointments.
Deputy Attorney General Todd Blanche made the announcement via social media shortly after Hundley's selection was confirmed by the judges. This action underscores the controversy surrounding the power dynamics between the judiciary and the executive branch concerning U.S. attorney appointments. The law allows district courts to select U.S. attorneys when an initial appointment expires; however, the Trump administration maintained that this authority lies solely with the president. Blanche's stark declaration, “EDVA judges do not pick our US Attorney. POTUS does. James Hundley, you’re fired!” encapsulates this ideological clash.
Hundley brings over 30 years of experience in handling criminal and civil cases, but he did not provide immediate comments following his termination. His firing is a reflection of the turmoil within one of the DOJ's most prestigious offices, which has faced scrutiny and instability since September. This period of upheaval began with the resignation of veteran prosecutor Erik Siebert, who left his post under pressure to prosecute significant political adversaries of Trump, including former FBI Director James Comey and New York Attorney General Letitia James.
Siebert's exit reportedly stemmed from an increasingly politicized environment, leading to Halligan's appointment. Halligan, who had previously served as a White House aide, secured indictments against Comey and James but these were later dismissed by a judge who ruled her appointment as unlawful. This decision is currently under appeal by the DOJ. Following continued skepticism from district judges regarding her legitimacy in the role, Halligan ultimately resigned last month.
The role of U.S. attorneys is critical within the federal judicial system, functioning as the chief federal prosecutors in their respective district offices. Typically, these positions require Senate confirmation; however, the law does allow for temporary appointments by the attorney general under certain circumstances. Recently, the DOJ has attempted to maintain its temporary appointments in various regions, a strategy that has sparked legal challenges and resistance from judges who find these appointments unconstitutional.
This past week, another incident occurred where a lawyer, appointed by judges to be the U.S. attorney for northern New York, was terminated by the DOJ less than 24 hours after taking the position. This followed the judges in the district choosing not to extend the term of John Sarcone, a Trump administration appointee, after his 120-day tenure had expired.
The ongoing conflict over the appointment and retention of U.S. attorneys shows a deepening divide regarding judicial independence and executive power. As cases continue to challenge the legality of recent appointments, the DOJ's approach towards U.S. attorneys will likely remain under scrutiny from various judicial and political entities.
