The Administration Is Illegally Firing Court-Appointed US Attorneys

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March 30, 2026

The Administration Is Illegally Firing Court-Appointed US Attorneys

The National Law Journal

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The U.S. Department of Justice isn’t winning many friends on the front lines of the federal judiciary, the U.S. district courts. Besides repeatedly violating court orders, the DOJ is also thumbing its nose at the district courts when they attempt to appoint qualified persons to serve as U.S. attorneys in the absence of a Senate-confirmed nominee. Recent headlines tell the story: “U.S. Attorney Chosen to Replace Trump Pick Is Quickly Fired by White House” and "DOJ fires US attorney hours after judges appoint him."

The terminations by Todd Blanche, the deputy U.S. attorney general, are graceless and bombastic:

“Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.”

"Here we go again. [Eastern District of Virginia] judges do not pick our US Attorney. POTUS does. James Hundley, you're fired!”

These statements are simply wrong. Both the Constitution and federal law permit the district court to make these appointments. Sadly, this is yet another lawless assault on the rule of law and the historical requirement that men and women of independent stature—as confirmed by either the Senate or the district court—serve as the chief federal prosecutor in each judicial district.

To continue reading Gregory Diskant's article in The National Law Journal, click here.

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