Pat Leahy, who served as the Senate Judiciary chair in 2007 and was deeply concerned about the way in which presidents were seeking to circumvent the Senate’s authority over the appointment of U.S. attorneys, has recently expressed grave concerns about the current developments in the political landscape. Leahy had warned back then that if a president repeatedly used political loyalists to fill temporary U.S. attorney roles, it could be a violation of federal law, especially due to the potential for ‘double dipping’—a term he used to describe the repeated use of legal mechanisms to extend appointments without Senate confirmation.
Fast forward to the present, and the former senator has witnessed what he believes is a direct extension of the same issue. President Donald Trump, along with Attorney General Pam Bondi, is attempting to sidestep Senate approval by employing a variety of methods, including the repeated use of temporary appointments and creative reshuffling of personnel. Recent examples include the appointment of Jeanine Pirro after Ed Martin’s Senate rejection, Bondi’s maneuvering to extend the tenure of Trump’s expiring picks, and the Justice Department’s aggressive efforts to keep Alina Habba in the role of U.S. attorney in New Jersey. These actions, Leahy argues, have not only undermined the Senate’s authority but have also disrupted the progress of numerous criminal cases in New Jersey.
Lawrence Lessig, a leading legal expert on the topic, has pointed out that while there may be legal mechanisms in place to support these types of appointments, they are not applicable to the situation of back-to-back appointments. The Justice Department’s spokesperson has stated that the current actions are rooted in a pair of federal statutes that allow for separate mechanisms for different types of temporary office-holders. However, these statutes do not address the legality of successive appointments, which is what Leahy is highlighting as a significant concern.
Leah, now in peaceful retirement in Vermont, has taken the opportunity to speak with journalists about the current situation and the need for the Senate to uphold its Constitutional role in advising and consenting to the appointment of federal officers. He has pointed out that it is crucial for the Senate to exercise its power and ensure that all federal officers are properly vetted and approved. He has also emphasized that the Senate should not be used as a political tool by the executive branch, urging both parties to work together to uphold the integrity of the appointment process.
The situation has sparked a broader debate about the balance of power between the executive and legislative branches, with many fearing that the current approach could lead to the erosion of important checks and balances. As the Senate prepares to address this issue, the challenge will be to ensure that the constitutional framework is upheld while also addressing the concerns raised by Leahy and other legal experts.