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Sen. Coons calls appointment of Delaware’s acting U.S. attorney ‘probably illegal’

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Sen. Coons calls appointment of Delaware’s acting U.S. attorney ‘probably illegal’


What are journalists missing from the state of Delaware? What would you most like WHYY News to cover? Let us know.

Is Delaware’s “acting” U.S. attorney, a loyalist of President Donald Trump who chaired the state Republican Party immediately before her appointment, serving in the post illegally?

That’s a question now being asked about Julianne Murray as federal courts around the country have ruled that five other U.S. attorneys were unlawfully put in their posts on an “interim” or “acting” basis by U.S. Attorney General Pam Bondi.

Bondi installed Murray as Delaware’s “interim” U.S. attorney in July. The 120-day limit for interim appointments ended this month, when Bondi changed Murray’s status as Delaware’s chief federal law enforcement officer to “acting.”

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But U.S. Sen. Chris Coons of Delaware, a member of the Senate Judiciary Committee that vets candidates for U.S. attorney posts, told WHYY News he thinks the steps Bondi took to keep Murray in the post are “probably illegal.”

The nation’s 93 U.S. attorneys are critical law enforcement administrators who guide prosecutions in their jurisdictions for a wide range of federal cases, including gang violence, narcotics trafficking, firearms crimes, kidnapping, bank fraud, money laundering and tax evasion.

Under the U.S. Constitution, federal law and longstanding practice, U.S. attorneys are nominated by the president and must be confirmed by the U.S. Senate.

Bondi, however, has chosen a nontraditional route with some appointments, only to have her end-around maneuvers declared unlawful in New Jersey, Virginia, Nevada, New Mexico and California.

The latest reversal came Monday. In a dramatic decision, a judge ruled that former Trump personal lawyer Lindsey Halligan — an insurance lawyer with no prosecutorial experience before Bondi made her interim U.S. attorney for the Eastern District of Virginia in September — was illegally installed. Bondi immediately pledged to appeal.

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Perhaps more importantly, the judge’s order that Halligan’s appointment was unlawful also dismissed two high-profile cases — the criminal indictments against former FBI director James Comey and New York Attorney General Letitia James. Trump had publicly called for their prosecutions and Halligan, within days of taking the job, obtained grand jury indictments against them.

Meanwhile, the status of Alina Habba, another of Trump’s former personal attorneys who Bondi put in the New Jersey post this year, only to have her actions declared unlawful in August, is also in limbo. The case is now before the 3rd U.S. Circuit of Appeals, whose decisions govern New Jersey and Delaware.

From left, the appointments of Alina Habba of New Jersey and Lindsey Halligan of the Eastern District of Virginia have been ruled illegal. (Associated Press/The White House)

While no formal legal challenge has been brought against Murray’s appointment, the details surrounding her installation have similarities to the others that have been contested and ruled invalid.

Murray and the others have not been nominated by Trump and confirmed by the Senate.

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And like Habba in New Jersey, the judges in the U.S. District Court for Delaware decided not to reappoint Murray to the post after her initial 120-day “interim” status ended Nov. 11.

Federal law says that after 120 days, a district’s judges may put someone in the post until the vacancy is formally filled.

In New Jersey, the judges named Habba’s top assistant to the post, but Bondi promptly fired her. Then, Bondi took several legal steps to make Habba the “acting” U.S. Attorney, using another federal law that lets someone fill a post for 210 days.

Even though a judge ruled Habba’s appointment unlawful in August, she remains in the post while the Trump administration appeals.



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Delaware

AIG Unit Sued Over Coverage for Delaware Plant Mercury Cases

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AIG Unit Sued Over Coverage for Delaware Plant Mercury Cases


An American International Group Inc. unit was hit with a lawsuit seeking coverage for litigation alleging people were exposed to mercury from a former chlorine manufacturing facility in Delaware run by Occidental Chemical Corp.

Environmental Resource Holdings LLC, the successor to Occidental through a merger, should be covered under liability policies that AIG’s National Union Fire Insurance Co. of Pittsburgh, PA, issued to a contractor that worked at the facility, according to the lawsuit filed Wednesday in the US District Court for the Middle District of Louisiana.

The lawsuit centers on agreements from 1989 and 1991 that required the contractor, …



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Delaware holds off Louisiana for 68 Ventures Bowl win in first season of FBS play

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Delaware holds off Louisiana for 68 Ventures Bowl win in first season of FBS play


MOBILE, Ala. (AP) — Jo Silver ran for 116 yards, including a 61-yard touchdown, and Delaware wrapped up its first year in the FBS with a 20-13 victory over Louisiana in the 68 Ventures Bowl on Wednesday night.

The Fightin’ Blue Hens, who went 6-6 in their first year of FBS play, were granted a waiver to play in a bowl game after there were not enough six-win teams to fill all 42 of the FBS bowl games. In general, first-year FBS teams are not chosen for bowl games during their transition period. Wednesday’s victory makes Delaware 7-6 overall.

The Blue Hens had to defend two passes into their own end zone in the final seconds to preserve the win. The Ragin’ Cajuns had the ball on their own 7-yard line with 1:41 remaining. Lunch Winfield led a drive that included a 32-yard completion to Charles Robertson and a pass interference penalty on Delaware.

After Louisiana (6-7) reached the 8-yard line, Winfield ran for 1 yard on first down and threw incomplete on second down. On third down with two seconds left, Blake Matthews broke up a pass in the end zone.

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Silver’s long touchdown gave Delaware a 7-0 lead late in the first quarter and the Blue Hens went on to lead 10-3 at halftime. Nick Minicucci’s 35-yard touchdown pass to Sean Wilson made it 17-3 early in the third quarter and a field goal made it 20-3 midway through the third quarter.

Louisiana kicked a field goal to make it 20-6 heading to the fourth and Winfield added an 8-yard touchdown pass to Shelton Sampson Jr. to make it 20-13 with eight minutes left.

Minicucci passed for 176 yards and Winfield had 231 yards.

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Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here and here (AP News mobile app). AP college football: https://apnews.com/hub/ap-top-25-college-football-poll and https://apnews.com/hub/college-football

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Delaware replaces Trump’s U.S. attorney without legal drama seen in Jersey, Virginia

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Delaware replaces Trump’s U.S. attorney without legal drama seen in Jersey, Virginia


Sens. Coons, Blunt Rochester deemed Murray unqualified

Murray also acknowledged that she could not have obtained the post by the process outlined in the U.S. Constitution, in which a president makes a formal nomination and U.S. Senate confirmation is required.

That’s because part of that process is a longstanding tradition that requires the nominee to receive so-called “blue slip” endorsements by their state’s two U.S. senators.

Delaware’s two U.S. senators, Chris Coons and Lisa Blunt Rochester, are Democrats who interviewed Murray for the post. Coons said the duo decided Murray, who has done criminal defense work, didn’t have the prosecutorial experience to qualify as the state’s chief federal law enforcement official.

U.S Sen. Chris Coons says he’s pleased Delaware avoided the legal and political drama that has transpired elsewhere. (Emma Lee/WHYY)
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Although Murray accused the senators of playing politics with her unconventional appointment, Coons and Blunt Rochester disagreed.

“Any suggestion of political partiality throughout this process is misleading and blatantly false, said Taj Magruder, a spokesman for Blunt Rochester.

Coons, a member of the Senate Judiciary Committee that considers nominees before they are considered by the full Senate, told WHYY News last month that Murray’s acting status was “probably illegal.”

After Colm Connolly, Delaware’s chief federal judge, issued the order naming Wallace, Coons said he’s pleased the judges exercised their lawful “power to appoint a U.S. attorney in the absence of a presidential nomination.”

Colm Connolly, Delaware's chief federal judge, issued the orders rejecting Murray and putting Wallace in the post.
Colm Connolly, Delaware’s chief federal judge, issued the orders rejecting Murray and putting Wallace in the post. (U.S. District Court, Delaware)

Coons said he’s also relieved that the transition occurred without the rancor seen in New Jersey and the Eastern District of Virginia.

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In Virginia, former Trump insurance lawyer Lindsay Halligan was ruled ineligible by a federal judge in her district because Bondi named her interim boss after the 120-day period to do so under federal law had expired.

Perhaps more importantly, the indictments Halligan obtained days after taking office against former FBI director James Comey and New York Attorney General Latisha James were dismissed. Bondi has pledged to appeal but has not yet done so.

Though Habba resigned after the adverse ruling in New Jersey, Halligan remains in her post in Virginia.

Other end-around maneuvers by Trump and Bondi have been deemed unlawful in Nevada, New Mexico and California, but those three remain under appeal.

“I’m just glad that we’ve avoided that level of drama here and that in Ben Wallace, we’ve got a court-appointed U.S. attorney who can keep the office moving forward in a constructive way,” Coons said.

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Besides handling major crimes, “the district of Delaware handles some of our country’s most important patent litigation, corporate litigation, bankruptcy litigation,” Coons said.

“So it’s important for Delawareans and our constituents that we have a well-managed, disciplined, appropriate respect for the rule of law in how the federal courts here are handled and how the U.S. attorney’s office is led. And I’m relieved that we seem to have a path forward here that is appropriate.”

Law prof says Judge Connolly ‘navigated it as best he could’

Carl Tobias, a law professor at the University of Richmond who tracks appointments of U.S. attorneys and federal judges, praised Connolly, a Republican and former U.S. attorney for Delaware, for his deft handling of the potentially volatile situation.

“He navigated it as best he could. He didn’t provoke a confrontation,” Tobias said of Connolly, who Trump appointed as a judge during his first presidential term, with the Senate’s approval. “And he deserves a lot of credit for keeping the courts moving.”

Prior to Friday’s order, Connolly had publicly sought applications for the post, writing that “the court would only appoint a person the court deems qualified for the position.”

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That clearly wasn’t Murray. In his previous order in November, Connolly wrote that judges had decided not to name anyone to the post after Murray’s interim status expired Nov. 12.

That prompted Bondi to name her “acting” U.S. attorney and led U.S. Deputy Attorney General Todd Blanche, himself a former Trump personal attorney, to publicly rebuke Connolly on social media.



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