Trump’s US Attorneys, Unvetted by Senate, Move Full Steam Ahead/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ President Donald Trump is bypassing Senate confirmation to install loyalists as U.S. attorneys, many with little or no prosecutorial experience. Critics say these interim prosecutors are prioritizing Trump’s political agenda over independent justice. Legal challenges are mounting over the legitimacy of their authority.
Trump’s U.S. Attorney Maneuvers Quick Looks
- Confirmed U.S. Attorneys: Only 2 of 93 have Senate approval
- Lindsey Halligan: Former Trump lawyer, now prosecuting Comey in Virginia
- John Sarcone: Investigating Letitia James in New York, unconfirmed
- Alina Habba: Prosecuting congressman in New Jersey, authority challenged
- Senate deadlock: Democrats blocking confirmations, citing loyalty concerns
- Procedural workaround: Trump using interim appointments, sometimes repeatedly
- Critics warn: Offices losing independence, acting as political weapons
- Legal fallout: Judges disqualified Habba; challenges pending in California, Nevada
- Senate GOP move: “Nuclear option” allows bulk confirmation votes
- Contrast: Biden had 31 confirmed in year one; Trump has 2 in second term
Deep Look: Trump’s Reliance on Unconfirmed U.S. Attorneys Sparks Concerns of Politicized Justice
WASHINGTON — September 26, 2025
President Donald Trump is reshaping the U.S. justice system by relying heavily on unconfirmed, interim U.S. attorneys — many of whom are his former personal lawyers or political allies — to pursue cases against his critics and opponents.
Only two of the nation’s 93 U.S. attorneys have been confirmed by the Senate. Yet Trump has circumvented the confirmation process, installing loyalists in key districts and relying on procedural workarounds to keep them in place indefinitely.
Trump’s Interim Prosecutors: Loyalty Over Experience
In the Eastern District of Virginia, Trump replaced an experienced prosecutor with Lindsey Halligan, his former personal attorney who has never tried a case. Within three days, Halligan secured an indictment against former FBI Director James Comey, a longtime Trump adversary.
In New York’s Northern District, John Sarcone, another first-time prosecutor, is leading an investigation into Attorney General Letitia James, who has pursued civil cases against Trump. Judges declined to appoint him, but Trump maneuvered him into the post regardless.
And in New Jersey, Alina Habba, also a former Trump lawyer, is prosecuting a Democratic congressman. Her appointment is under legal challenge, with one judge ruling her position unconstitutional before staying the decision pending appeal.
Critics: Independence of Justice System at Risk
Legal experts warn the strategy is eroding long-standing norms that U.S. attorneys operate with a degree of independence from the White House.
“It’s changing the whole culture of the office,” said Mimi Rocah, a former federal prosecutor. “It’s no longer about doing the right thing. It’s about doing what President Trump wants.”
Examples include the Comey indictment and the Justice Department’s controversial order to dismiss a corruption case against New York City Mayor Eric Adams over objections from career prosecutors.
Senate Battles and the “Nuclear Option”
The Senate has stalled on most of Trump’s nominees. Some lack prosecutorial experience, others are seen as overtly political, and Democrats have used procedural blocks to prevent quick confirmations.
Republicans, frustrated by delays, changed Senate rules earlier this month to allow bulk confirmation votes on groups of nominees, a move expected to fast-track over a dozen pending appointments.
Currently, the only Trump-era confirmed U.S. attorneys are Jeanine Pirro in D.C. and Jason Reding Quiñones in South Florida. By comparison, President Joe Biden had 31 confirmed in his first year, and Barack Obama had 30. Even Trump’s first term saw 46 confirmations in year one.
Legal Challenges Mount
The reliance on interim prosecutors has triggered a wave of legal disputes.
- In New Jersey, defendants challenged Habba’s authority, citing irregularities in her appointment.
- In California and Nevada, federal public defenders are trying to dismiss cases by questioning whether Trump’s acting U.S. attorneys — Bill Essayli in Los Angeles and Sigal Chattah in Las Vegas — are lawfully empowered.
- In Delaware, Chief Judge Colm Connolly issued an order affirming judges’ authority to appoint interim attorneys, prompting pushback from Deputy Attorney General Todd Blanche, who argued appointments are the president’s prerogative.
The uncertainty has thrown criminal dockets into disarray, raising concerns about convictions being overturned if prosecutors are deemed illegitimate.
Political and Constitutional Stakes
The 1974 Impoundment Control Act and decades of precedent have reinforced Congress’ oversight role in appointments and spending. But Trump’s second term is testing the boundaries of executive power, with Senate confirmation — long considered a safeguard — sidelined in favor of direct presidential control.
“We don’t need any more New Jerseys,” said Carl Tobias, law professor at the University of Richmond. “That just shouldn’t happen to a district.”
For now, Trump appears determined to fill the Justice Department with loyalists, even at the cost of long-term institutional stability.
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