Trump Kept Unconfirmed Prosecutors in Charge. Courts in Six Districts Ruled It Unlawful.

Trump said he fired Erik Siebert, the chief federal prosecutor in eastern Virginia, demanded action in a message about James Comey, Adam Schiff and Letitia James, and endorsed Lindsey Halligan. His Attorney General installed her two days later. A judge later dismissed, without prejudice, the indictment Halligan obtained against James. A court also dismissed Comey's indictment on the same appointment ground.

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A federal judge held that Halligan's appointment violated the interim-appointment law and the Constitution. The Attorney General's appointment power had expired during Siebert's tenure, and replacing him did not restart it. Because Halligan had no authority to present the case, the judge dismissed the indictment she obtained against James. The dismissal lets prosecutors seek a new indictment through a lawful process. A court also dismissed Comey's indictment on the same appointment ground.

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Courts in six districts held that unconfirmed federal prosecutors were appointed or kept in charge unlawfully, and three appeals courts affirmed. In New York, John Sarcone's interim term had expired and DOJ kept him in charge through new titles; he personally directed two grand-jury subpoenas to Letitia James's office, concerning its cases against Trump and the NRA. The Second Circuit upheld the order quashing them. By then DOJ conceded that his acting-service time had expired, yet reported he still headed the office.

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Seattle's federal judges unanimously appointed Roger Rogoff after the interim appointment period expired. Trump directed his removal less than an hour after he took the oath, then assigned Charles Neil Floyd the office's functions. Judge Stanly Bastian ordered Rogoff restored, though a First Circuit opinion from 2000 said presidents could remove court-appointed prosecutors. The Ninth Circuit paused that order on October 4 and continued the pause on October 5; the legality of the firing remains contested.

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DOJ argues that Congress authorized acting officials and special attorneys, that administrations of both parties have used these methods, and that a different appeals court supports its reading of delegation powers. One Second Circuit judge agreed with DOJ. Three appeals courts rejected the arrangements at issue here, and the Supreme Court has not decided whether to review Nevada's case.

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Trump said he fired Siebert, endorsed Halligan, withdrew Habba's nomination during the maneuver to keep her in office, and ordered Rogoff's removal. His Attorney General executed the appointment workarounds and his administration defended them in court. The result was dismissed indictments against James and Comey, invalid subpoenas and repeated fights over who could lawfully wield federal prosecutorial power. The repeated circumvention of appointment checks is the basis for this impeachment case.

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