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When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.
-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.  -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.  -- Mahatma Gandhi

I believe that ultimately the Supreme Court will uphold Trump’s nominations of Lindsey Halligan and Alina Habba, ultimately the motion by Letitia James and James Comey will fail

Posted on | October 24, 2025 | No Comments

Precedents for Interim U.S. Attorneys Succeeding One Another and Serving Beyond 120 DaysUnder 28 U.S.C. § 546, the Attorney General (AG) may appoint an interim U.S. Attorney for up to 120 days while a permanent nominee awaits Senate confirmation. If that term expires without confirmation, the district court may appoint (or reappoint) an interim to serve indefinitely until the vacancy is filled. Succession—where one interim replaces another—typically occurs via resignation, removal, or court intervention before or after the 120-day limit. The Federal Vacancies Reform Act (FVRA, 5 U.S.C. § 3345 et seq.) provides an additional pathway for “acting” successors (e.g., the first assistant) for up to 210 days, which can chain with the 120-day interim period.Historical precedents show this has occurred routinely since the 1986 amendments to § 546, often to bridge delays in confirmation. Courts have upheld extensions and successions as constitutional under the Appointments Clause, viewing interim U.S. Attorneys as “inferior officers.” Below are key examples, grouped by mechanism. These draw from judicial rulings, OLC opinions, and documented cases; successive AG appointments are rarer and more contested than court extensions.1. Succession via District Court Appointment or Reappointment (Indefinite Term After 120 Days) District courts frequently extend or replace AG-appointed interims, allowing total service far beyond 120 days. This has been the norm since 1898, when courts first gained this authority.

Case/District
Year
Details
Total Service Beyond 120 Days
Southern District of New York (Geoffrey Berman)
2018–2020
After Preet Bharara’s firing, deputy Joon Kim served ~10 months as acting (FVRA). AG Sessions then appointed Berman as interim for 120 days; SDNY judges reappointed him indefinitely. Berman served ~2.5 years total until his 2020 removal.
~870 days (indefinite court extension).
District of New Jersey (Craig Carpenito)
2018–2021
AG appointed Carpenito interim for 120 days amid Senate delays. NJ district judges reappointed him indefinitely despite opposition from Sens. Booker and Menendez. Served until Biden confirmation.
~1,000+ days (indefinite court extension).
District of South Dakota (dispute resolution)
2005–2006
First AG interim (Mikal Hansen) resigned after ~90 days; AG appointed second interim (Tim Storlie) for 120 days. Court disputed the second appointment and named its own (Tina Holmes) indefinitely, but executive challenged it. Resolved via compromise; Holmes served ~1 year total.
~365 days (court extension post-succession).
District of Columbia (general precedent)
1986–present
Courts have appointed interims for 1–2 years during delays; e.g., post-1986 reforms, judges routinely extended deputies indefinitely until confirmation.
Varies; often 300–700 days.
Category: Uncategorized

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