Justice Department Fires Prosecutor Selected by Virginia Judges

On Friday, an unprecedented confrontation occurred between the executive and judicial branches in the United States. Federal judges of the Eastern District of Virginia unanimously selected James W. Hundley, an experienced lawyer, for the position of U.S. Attorney on an interim basis. This decision came after the resignation of the previous prosecutor, John P. Halligan, who was a loyalist of the Trump administration. However, just a few hours after the nomination was announced, the Department of Justice decided to immediately fire Hundley. Deputy Attorney General Todd Blanche announced this on platform X, explicitly challenging the courts' authority: „"EDVA judges do not pick our US Attorney. POTUS does. James Hundley, you're fired."” — Todd Blanche This statement highlights a fundamental constitutional dispute over which branch has the right to appoint prosecutors when a position remains vacant. The conflict over the appointment of federal prosecutors has deep roots in the American system of checks and balances. Traditionally, U.S. Attorneys are appointed by the president with the consent of the Senate. However, a 1978 law granted district courts the authority to appoint interim prosecutors in the event of a vacancy, which was intended to ensure the continuity of the prosecution's work. Administrations of various presidents have repeatedly clashed with courts over the scope of these powers.The Eastern District of Virginia (EDVA) is a particularly sensitive position. This prosecution office, headquartered in Alexandria, handles many of the most important national cases, including those concerning espionage, terrorism, and high-level corruption. The appointment of its head therefore has a direct impact on the direction of politically significant investigations. Previous reports from Washington suggested that the Trump administration might reject any candidate selected by the judges, which was confirmed by Blanche's swift actions. The direct consequence of the dismissal is the re-emergence of a vacancy for the U.S. Attorney position in the EDVA. The Trump administration will likely seek to quickly appoint its own candidate, which may face further legal challenges. This dispute is seen as part of a broader struggle for control over the federal justice system and could have far-reaching consequences for the independence of the prosecution in key cases, including those concerning former and current administration officials.