Justice Department Fires Prosecutor Appointed by Judges in Virginia

Washington — In a continuing dispute over the appointment of U.S. Attorneys, the Justice Department swiftly fired James Hundley, a lawyer unanimously chosen by judges to serve as the top federal prosecutor for the Eastern District of Virginia. The move underscores a power struggle between the Trump administration and the judiciary regarding control over key prosecutorial positions.

Clash Over Appointments

Deputy Attorney General Todd Blanche announced Hundley’s firing on social media Friday, shortly after the judges’ selection. Blanche stated, “EDVA judges do not pick our US Attorney. POTUS does. James Hundley, you’re fired!” The Independent and CBS News reported on the immediate dismissal.

Legal Basis of the Dispute

Federal law allows district court judges to appoint U.S. Attorneys when an initial appointment expires. However, the Trump administration maintains that the power to appoint U.S. Attorneys rests solely with the executive branch. This disagreement has led to a series of clashes, with the Justice Department challenging the authority of judges to make these appointments.

Background of the Case

Hundley was selected to replace Lindsey Halligan, a former Trump White House aide whose appointment was previously deemed unlawful by a judge. Halligan had secured indictments against former FBI Director James Comey and New York Attorney General Letitia James, cases that were subsequently dismissed but are currently under appeal by the Justice Department. ABC News details this sequence of events.

Previous Upheaval in the Office

The Eastern District of Virginia’s U.S. Attorney’s Office has experienced significant turmoil since September, following the resignation of veteran prosecutor Erik Siebert. Siebert’s departure came amid reported pressure from the Trump administration to pursue cases against political opponents. Halligan’s appointment followed Siebert’s resignation, but her legitimacy was quickly challenged.

Recent Trend of Firings

This incident is not isolated. Just last week, another lawyer appointed by judges to serve as the U.S. Attorney for northern New York was fired by the Justice Department after less than a day on the job. This pattern suggests a deliberate effort by the administration to assert its control over U.S. Attorney appointments, even when judges have exercised their legal authority to fill vacancies.

Key Takeaways

• The Justice Department fired James Hundley shortly after his unanimous appointment by judges in the Eastern District of Virginia.
• The dispute centers on the legal authority to appoint U.S. Attorneys, with the Trump administration asserting executive control.
• The case stems from previous controversies involving the prosecution of political opponents and the legitimacy of prior appointments.
• This firing is part of a broader trend of the Justice Department challenging judicial appointments of U.S. Attorneys.