DOJ Uses Legal Loopholes to Install Trump Loyalists as Acting U.S. Attorneys Without Senate Confirmation

The Justice Department used legally dubious tactics to bypass Senate confirmation, re-designating Trump loyalists as ‘acting’ U.S. attorneys in New Jersey, Nevada, California, and New York. After district judges declined to re-appoint certain interim appointees, Attorney General Pam Bondi used the Federal Vacancies Reform Act to appoint them as ‘acting’ U.S. attorneys instead, extending their terms by an additional 210 days without Senate approval.

Context: Under the law, interim U.S. attorneys are appointed by the attorney general for up to 120 days, while acting U.S. attorneys can serve for 210-300 days under the Federal Vacancies Reform Act. The administration exploited this loophole by switching appointees from ‘interim’ to ‘acting’ status when judges refused to extend their terms. Notable cases include Alina Habba in New Jersey and Bill Essayli in California. As of late September 2025, only two of the nation’s 93 U.S. attorneys had been confirmed by the Senate.

Significance: This systematic bypass of constitutional checks entrenches partisan prosecutors with sweeping authority while eroding Senate oversight and judicial independence. The tactic allows Trump to maintain loyalists as chief federal law enforcement officials in key districts without democratic accountability, undermining the separation of powers and creating a politicized prosecutorial apparatus answerable only to the executive branch.