Donald Trump and the judiciary are having quite a battle right now.
The president has lost several U.S. attorneys because the 120-day period had expired, and they were not approved by the judiciary (if they are not approved by the Senate, the local judiciary decides if the appointment is made permanent or places someone else).
It just happened again, and Trump has already fired the U.S. attorney appointed by the court.
Many people are unaware of the 120-day rule for acting U.S. attorneys.
Once these attorneys are appointed, they have only a 120-day window to be approved by the Senate; otherwise, the prosecutor is disqualified from office, and any actions taken after that point are illegal because the appointment has been nullified.
This rule has been repeatedly violated by this administration, which is why Alina Habba and others have been disqualified from their positions.
Regardless of who is at fault, it has given significant fodder for the leftist media and Democrats to attack the administration, Pam Bondi, and Donald Trump.
Trump has treated this rule as nothing more than an annoyance, but is it the law, period, and it must be followed.
His disdain for the rule and belief that his appointments have no bounds has led to countless attacks, including a hit piece in The Atlantic.
The opening paragraph of the piece concludes, “Five courts have now rejected this scheme—creating a significant mess for the Justice Department and calling into question the longevity of Trump’s strategy to evade congressional checks and hand prosecutorial power to his loyalists.”
You can also give the administration an A for effort on the first attempt, but this continues to happen, and yet another appointment has been flagged, replaced, and now rejected by Trump.
The appointment of John A. Sarcone III was deemed illegal on the 120-day rule, and he was replaced by Donald T. Kinsella. The Trump administration then proceeded to fire Kinsella.
Deputy Attorney General Todd Blache responded, “Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired, Donald Kinsella.”
In the opinion disqualifying Sarcone, it was ruled, “When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority.”
The law is the law, period, and you do not get to selectively choose which laws you follow and which laws you do not. Let’s be honest here… if this were a Democrat administration doing this, we would all be up in arms. Because Trump is doing it does not make it right. I understand the frustration regarding Senate Democrats blocking these appointments, but the process is what it is, and it must be followed.
