Congress
Trump seems to wave the white flag on his US attorneys gambit
For months, President Donald Trump has used unconventional tactics to install loyalists as top federal prosecutors across the country, and battled challenges to their authority. Now, he appears to be conceding defeat.
The Trump administration has signaled in recent days that it may refocus its efforts on trying to eliminate a Senate procedural tool used to block U.S. attorney nominees, rather than continuing to challenge the disqualifications in court. The move comes after New Jersey U.S. Attorney Alina Habba resigned from her post following a court ruling upholding her disqualification along with a handful of other U.S. attorneys who have been stripped of their positions by federal judges.
On Friday, Delaware U.S. Attorney Julianne Murray also left her post, citing the Habba ruling.
The administration’s tactics with U.S. attorneys — bypassing the Senate or sidestepping federal judges to keep unvetted prosecutors in place — are a crucial component of Trump’s effort to deploy the Justice Department against his perceived enemies. He has relied on loyalist U.S. attorneys to pursue what critics call baldly political investigations and prosecutions, including those against New York Attorney General Letitia James and former FBI Director James Comey.
On Thursday, Trump called the so-called “blue slip” process, in which home-state senators can veto judicial or U.S. attorney nominees, a “scam.” It’s his latest attack after Trump has spent months pressuring Senate Republicans to review the practice.
“‘Blue Slips’ are making it impossible to get great Republican Judges and U.S. Attorneys approved to serve in any state where there is even a single Democrat Senator,” Trump wrote in a social media post. “So unfair to Republicans, and not Constitutional.” He directed Senate Majority Leader John Thune “to get something done, ideally the termination of Blue Slips.”
Thune quickly rejected that call, and Senate Judiciary Chair Chuck Grassley has indicated no interest in scrapping the practice. Grassley also blamed the administration for failing to advance more U.S. attorney nominees, saying he has been “hamstrung waiting for background investigations and other paperwork from the administration.”
Asked for comment, a White House spokesperson referred to Trump’s public statements.
Earlier in the week, Trump appeared to acknowledge that the court rulings disqualifying his U.S. attorneys will ultimately force them out of their offices, even though many have remained there following the rulings.
Trump-installed federal prosecutors in the Los Angeles area, Nevada and in the Eastern District of Virginia, for example, have continued working in those offices despite being deemed disqualified. Trump, however, seemed to predict that may not continue.
“We have about seven U.S. attorneys who are not going to be able to keep their jobs much longer because of the blue slip,” Trump told reporters Monday.
Next stop: SCOTUS?
Carl Tobias, a law professor at the University of Richmond, said the administration appears now to have only two options: continue to try to install temporary U.S. attorneys, only to repeatedly have those choices disqualified by courts, or attempt the traditional process of Senate confirmation.
Tobias said he suspects the administration doesn’t want the U.S. attorney gambit to reach the Supreme Court. “I think the last thing they want is to have the Supreme Court say no, right? Because then the game is over.”
That way, he said, “they can continue to do what they’ve been doing, and that is avoiding advice and consent, which is in the Constitution, which they’ve done in more than half the districts, and continue to play games with the system.”
But other legal experts said it wasn’t clear how the Supreme Court might rule. Nina Mendelson, a professor at the University of Michigan Law School and an expert on acting officials, said she could envision the court leaning either way.
“If [the administration] does appeal, the Supreme Court may, on the one hand, be interested in preserving the Senate’s constitutional function of advice and consent and thus narrowly interpret the President’s authority to appoint acting US Attorneys,” she wrote in an email. “On the other hand, the Supreme Court has, in a series of cases, expressed its concern for presidential control and flexibility, which might prompt it to more generously interpret the President’s power.”
Though the administration can appeal the rulings disqualifying the prosecutors, it hasn’t in two key instances. In the Habba case, the Justice Department has said publicly that it will pursue an appeal, but asked the 3rd Circuit Court of Appeals for an extension to decide how it will proceed. New Jersey’s Democratic senators, Cory Booker and Andy Kim, have urged the White House to work with them to select Habba’s replacement.
In the case involving Lindsey Halligan in the Eastern District of Virginia, Attorney General Pam Bondi said in late November that it would pursue an “immediate”appeal — but it hasn’t.
Instead, it kept Halligan in place and attempted, but twice failed, to re-indict James. On Thursday, in a sign the White House may be adopting a more traditional approach to installing U.S. attorneys, the administration began seeking Senate confirmation for Halligan by submitting her questionnaire to the Judiciary Committee.
A spokesperson for the committee, however, noted that Halligan doesn’t have blue slips from Virginia’s senators, and “nominees without blue slips don’t have the votes to advance out of committee or get confirmed on the Senate floor.”
The administration is appealing disqualification rulings in the Los Angeles area and Nevada. In the Northern District of New York, a federal judge appears poised to disqualifyJohn Sarcone III, the Trump-aligned U.S. attorney whose office is pursuing a separate investigation of James.
Despite Trump’s griping about having his choices blocked, he is on pace to match the Biden administration for the number of U.S. attorneys confirmed during its first year. To date, Trump has seen 13 U.S. attorneys confirmed by the Senate, up from just two in September, and 18 more are expected to be confirmed next week, bringing the total to 31.
“ATTN WH; SEND MORE NOMS,” Grassley wrote on social media on Thursday.
Legal experts said the uptick in Senate-confirmed top federal prosecutors is a welcome development, even if they aren’t in some of the highest-impact districts.
“That’s promising for the system,” Tobias said.
Congress
GOP angst grows over Powell investigation
A growing number of Republicans on Capitol Hill are expressing unease with the Justice Department’s move to investigate Federal Reserve Chair Jerome Powell, a sign that the probe could become a major inflection point over GOP lawmakers’ concerns about central bank independence.
Powell announced Sunday that the DOJ is investigating him over statements to Congress about renovations of the Fed’s headquarters in Washington. He said the issue was a pretext to target him in response to President Donald Trump’s frustration over the Fed’s hesitance to aggressively lower interest rates.
Sen. Kevin Cramer (R-N.D.), a Powell critic who sits on the Senate Banking Committee, said in a statement Monday that “Jerome Powell is a bad Fed Chair who has been elusive with Congress, especially regarding the overruns of the elaborate renovations of the building.”
“I do not believe however, he is a criminal,” he said. “I hope this criminal investigation can be put to rest quickly along with the remainder of Jerome Powell’s term. We need to restore confidence in the Fed.”
Senate Banking Republicans are expected to meet tonight to discuss major cryptocurrency legislation the panel is aiming to hold a vote on this week — and some members are expecting to discuss the Powell probe as well, according to two Republicans with knowledge of the plan who were granted anonymity to discuss closed-door matters.
“There will be a lot of chatter,” said one of the Republicans.
The investigation is also a concern for some House Republicans. Rep. Mike Lawler (R-N.Y.), who sits on the House Financial Services Committee, told Blue Light News: “While I fundamentally believe Chairman Powell was late in addressing inflation under Joe Biden and has been woefully slow in lowering interest rates over the past year, the independence of the Federal Reserve is paramount and I oppose any effort to pressure them into action.”
Asked about the Powell investigation on Fox Business on Monday, Sen. Roger Marshall (R-Kan.) bashed the central bank chief and said the “president is sending a message to everybody that we’re going to be looking out for fraud, waste and abuse.” But, pressed by host Maria Bartiromo about whether Powell lied to Congress, Marshall said he would “let the system play through here,” and added: “I think there’s other issues that we should be focused on.”
The controversy over the renovations to the Fed’s Washington headquarters has been amplified by Senate Banking Republicans, including Chair Tim Scott (R-S.C.), who pressed Powell about the issue during a hearing last June following a New York Post article about cost overruns on the project.
Now, the DOJ probe is threatening to derail the Senate’s consideration of future Fed nominees. Sen. Thom Tillis, a retiring North Carolina Republican who sits on the Banking panel, said Sunday he will “oppose the confirmation of any nominee for the Fed—including the upcoming Fed Chair vacancy—until this legal matter is fully resolved.”
“If there were any remaining doubt whether advisers within the Trump Administration are actively pushing to end the independence of the Federal Reserve, there should now be none,” Tillis said in a statement. “It is now the independence and credibility of the Department of Justice that are in question.”
Congress
House GOP stock trading ban bill set for Wednesday markup
The House Administration Committee will hold a markup Wednesday morning on a closely-watched plan from GOP leadership to crack down on lawmaker insider trading, according to three people granted anonymity to share scheduling plans not yet made public.
The legislation from committee chair Bryan Steil and House GOP leaders would allow lawmakers to hold the current stocks they own but require a seven day notice before making sales, as POLITICO first reported. It also would bar lawmakers and their spouses from buying new stocks.
Speaker Mike Johnson and GOP leaders have been searching for a legislative compromise to appease Rep. Anna Paulina Luna (R-Fla.) and other rank-and-file House Republicans, who have for months been threatening to launch a discharge petition effort to circumvent leadership and force a floor vote on a full congressional stock trading ban.
Luna, in a promising sign for Johnson, said in an interview last week she supports the current legislation pending before the House Administration Committee because it would force a “disgorgement” period.
But the bill still faces an uphill climb. Senior House Democrats are deeply opposed to the plan and will seek to make changes, arguing the legislation does not constitute a full ban on congressional stock trading.
Key senators, including many Republicans, also deeply oppose any changes to the current rules around lawmaker stock trading, and it’s possible the Senate doesn’t take up the legislation at all should the measure pass the House.
Congress
Capitol agenda: Trump tests GOP with Fed probe
President Donald Trump is once again forcing a tough fealty test on GOP lawmakers — this time over the fate of the Federal Reserve and Chair Jerome Powell.
The Fed chair’s Sunday night revelation of a DOJ probe into the central bank immediately rattled a number of Capitol Hill Republicans and raised serious doubts about the confirmation of Trump’s upcoming pick to succeed Powell.
“Will they stop at nothing to force their way on everything?” one senior House Republican granted anonymity told Blue Light News. “The administration is setting a standard they cannot achieve themselves and will haunt us all for a generation.”
The DOJ move is the epic culmination of Trump’s years of enmity toward Powell over interest rates. It may be the point at which Republicans who believe in Fed independence — and who are generally fans of Powell — can no longer stand on the sidelines.
Powell himself, whom DOJ is scrutinizing over Senate testimony about office building renovations, is pushing back like never before. Powell is warning out loud that it all comes down to whether monetary policy “will be directed by political pressure or intimidation.”
Sen. Thom Tillis (R-N.C.) is now threatening to use his seat on Senate Banking to derail the confirmation of Powell’s successor. Assuming no Democrats voted for the yet-to-be-named nominee, it would only take Tillis to stand in the way of the pick from being reported out of committee.
“If there were any remaining doubt whether advisers within the Trump Administration are actively pushing to end the independence of the Federal Reserve, there should now be none,” Tillis said. “It is now the independence and credibility of the Department of Justice that are in question.”
The latest Trump rift comes as Senate Republicans are poised to defy the president later this week when the chamber votes on whether to check his war powers in Venezuela.
The Senate is currently looking at Wednesday to hold a vote-a-rama before final passage of the war powers resolution. Republican leaders are trying to flip at least some of the five GOP senators who agreed to advance the measure last week and enraged Trump.
“We’ll see what happens,” Senate Majority Leader John Thune told Blue Light News. “I can’t make any predictions at this point, but I think you have to be prepared for all contingencies but also realize you’ve got to pivot and move forward.”
Democrats hope GOP support stays firm — or even increases — as Trump floats the prospect of military action elsewhere, including Iran.
What else we’re watching:
— What’s next in government funding: House GOP leaders want to pass the latest bicameral, bipartisan funding deal as soon as Wednesday, after appropriators nailed down a two-bill package consisting of State-Foreign Operations and Financial Services.
Appropriators were hoping to include a third bill to fund DHS but were unable to reach an agreement after last week’s fatal ICE shooting in Minneapolis created new complications.
Senate leaders are working to clear the previous appropriations minibus the House passed last week for the departments of Justice, Interior, Energy and Commerce.
— Senate negotiators close in on ACA deal: A bipartisan Senate group is poised to release a plan as soon as Tuesday or Wednesday to revive expired Obamacare subsidies, according to Sen. Bernie Moreno (R-Ohio), one of the negotiators.
The main sticking point is how to address the use of federal funds for abortions. The bipartisan Senate group is expected to meet Monday night to continue talks.
Meredith Lee Hill, Jordain Carney, Jennifer Scholtes and Katherine Tully-McManus contributed to this report.
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