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mattgrim.bsky.social
@mattgrim.bsky.social
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mjsdc.bsky.social
And yes, U.S. Attorneys are "inferior officers" who may be constitutionally appointed by the courts. Just ask ... the Justice Department, which takes that official position. www.justice.gov/file/148381-...
In light of this interpretation the U.S. Attorneys can be considered to be inferior officers, since 28 U.S.C. § 519 authorizes the Attorney General to direct all U.S. Attorneys in the discharge of their duties. In this context the Supreme Court suggested nearly 100 years ago in Ex Parte Siebold, 100 U.S. 371, 397 (1879), that Congress could vest the authority to appoint U.S. Marshals in the Attorney General. The status of the U.S. Marshals is quite closely related to that of the U.S. Attorneys. See 28 U.S.C. § 569(c). Since the beginning of the Republic, Congress has not exercised its discretionary power to vest the appointment of U.S. Attorneys in the Attorney General. This failure to exercise that discretionary power, however, does not create customary constitutional law precluding Congress from exercising that authority. As Justice Story stated (id., § 1535): In one age the appointment might be most proper in the President; and in another age, in a department. L e o n u l m a n Deputy Assistant Attorney General Office o f Legal Counsel
July 22, 2025 at 9:59 PM
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ronfilipkowski.bsky.social
Bondi announces the removal of the top career prosecutor in the NJ US Attorney’s Office because she was chosen by the district judges to replace Alina Habba.
July 22, 2025 at 10:09 PM