MIKE DAVIS: Why SCOTUS must reinstate Trump US Attorneys Alina Haba and Lindsey Halligan

Lower courts invalidated Acting U.S. Attorneys Alina Habba and Lindsey Halligan's appointments by Attorney General Pam Bondi, prompting Supreme Court review.

Mike Davis is the founder of the Article III Project.

After 120 days have expired, leftists asserted that Bondi can make no more appointments, only district judges can. The Executive Branch, this argument goes, has no say whatsoever after 120 days. This result would lead to a scheme where leftist senators can block President Trump’s nominees. Then, courts composed mostly of leftist judges in these blue states can install leftist puppet U.S. attorneys, and the Executive Branch must grin and bear it, just as with the blue slip process.

The 120-day limit first appeared in a statute in 1986. During the years of presidents Clinton and Bush, attorneys general made successive 120-day appointments under the statutory scheme in effect from 1986-2006, the same scheme as today. Yet, Clinton Judge Cameron Currie of South Carolina did not view this historical evidence as persuasive when she invalidated Halligan’s appointment. Halligan secured indictments against New York Attorney General Letitia James for mortgage fraud and former FBI Director James Comey for false statements to and obstruction of Congress concerning the Russiagate hoax.