Article originally appeared on dailycaller.com.
Lower courts’ bid to keep the president’s preferred U.S. attorneys out of office might have sparked a major legal battle.
As Democratic home state senators hold up confirmation for President Donald Trump’s U.S. attorney nominees, the administration is employing unusual methods to extend the terms of his temporary picks and prevent district court judges from unilaterally appointing their own choices under a little-used federal law.
“It seems constitutionally odd to have members of Article III appointing Article II officials,” Ilya Shapiro, director of Constitutional Studies at the Manhattan Institute, told the Daily Caller News Foundation. “I could see this issue making it to the Supreme Court in the context of a criminal defendant challenging the propriety of his prosecution.”
When Alina Habba’s 120-day appointment as New Jersey’s interim U.S. attorney expired in July, New Jersey district court judges selected her deputy, Desiree Leigh Grace, to fill …
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