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

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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.”

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.

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.

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.

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.