Who Can Appoint a U.S. Attorney? Vacancies Act, Appointments Clause, and the New Jersey Ruling
In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack a 77-page district-court opinion from New Jersey that halted prosecutions because the U.S. Attorney was improperly installed under the Federal Vacancies Reform Act.
They walk through the 120-day interim limit, the “PAS officer” and 90-day service requirements, and the debate over whether a U.S. Attorney is a principal or inferior officer under the Appointments Clause—including the thorny question of courts appointing executive officials.
The discussion covers why the indictments weren’t tossed, what an appeal to…
The skinny
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