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Trump seems to wave the white flag on his US attorneys gambit

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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.

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Congress

Iranian ‘regime will be defeated,’ White House tells Hill Republicans

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The White House told Republican lawmakers Monday that “America will win” and “the terrorist Iranian regime will be defeated” as it seeks to address criticism of the shifting war aims being put forward by President Donald Trump and his deputies following Saturday’s initial strikes.

A memo from the administration’s legislative affairs office sent to Hill Republicans on Monday afternoon laid out four military objectives, including “annihilating” Iran’s navy and assuring it can never produce a nuclear weapon. The elimination of Supreme Leader Ayatollah Ali Khamenei, the memo said, was a “byproduct” of those aims.

But while a set of talking points shied away from saying the operation is aimed at regime change, it predicted nonetheless that would be the outcome of the operation, which it did not describe — as Trump has — as a “war.”

“President Trump should be commended for killing terrorists and finally having the courage to do what American presidents for nearly 50 years have all contemplated but failed to execute,” the document said. “The rogue Iranian Regime, under the evil hand of the Ayatollah, has killed and maimed thousands of U.S. soldiers over the years. Their brutal attacks and threats will end under President Donald J. Trump. America will win – the terrorist Iranian regime will be defeated.”

Elsewhere it reads, “Though the regime has changed, this operation is about ending the threat posed to the United States by the Iranian Regime.”

The White House messaging guidance comes as Trump supporters outside of government have started to voice misgivings about the president’s decision to strike Iran. House Republicans have been quieter so far, but some are wary of a prolonged war — especially ahead of the November midterm elections.

Rep. Warren Davidson (R-Ohio) posted on X after the strikes that “America First is supposed to be a policy mindset, not another empty slogan with hollow promises” and that Congress needed to have a role in authorizing the conflict.

The memo seeks to play down any concerns about an open-ended commitment to the Iran operation without specifying exactly how long it might last.

“A long and drawn-out war is not the President’s intention,” the White House memo says. “The President has estimated this operation will last approximately 4-5 weeks.”

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House Ethics panel probing Nancy Mace over alleged improper reimbursements

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The House Ethics committee is launching an investigation into whether Rep. Nancy Mace (R-S.C.) improperly collected over $9,000 in reimbursements meant to subsidize housing costs for members of Congress.

A new referral from the Office of Congressional Conduct, the nonpartisan entity charged with reviewing ethics complaints against lawmakers, recommended the committee investigate Mace after finding “substantial reason to believe” that she “engaged in improper reimbursement practices”

The referral alleges Mace received the maximum amount lawmakers can expense for lodging at her D.C. property over 13 months in 2023 and 2024 at a total greater than the cost of her actual expenses at the property. The report claims Mace collected $9,485.46 in excess reimbursements.

Mace did not participate in the probe, and her office did not immediately respond to a request for comment. An attorney for Mace submitted a response to OCC in December accusing her former fiance Patrick Bryant of providing records and sharing “false narratives and spurious characterizations” with OCC. Bryant did not immediately respond to a request for comment.

Mace’s breakup with Bryant exploded into headlines last year when she accused Bryant and three other South Carolina men of sexual abuse during a House subcommittee hearing last year. Bryant has denied Mace’s allegations.

The release of the report falls just ahead of the 60-day window when the House Ethics committee would be forbidden from taking on new investigations ahead of an election in which the subject of the probe is a candidate. Mace is running for governor of South Carolina, which is holding its primary on June 9th.

The reimbursement practices Mace is alleged to have violated are relatively new for House members. In April 2023, lawmakers for the first time were able to claim reimbursement for meals and lodging on a voluntary basis. The cash comes from the same office accounts that fund their official travel and staff salaries. Mace’s case is one of the first House Ethics cases dealing with the relatively new rules, which were the first update to Congress’ financial operation in decades.

Lawmakers haven’t raised their own pay since the depths of the Great Recession and have voted each year to block cost-of-living increases for fear of political backlash. But lawmakers on both sides of the aisle lamented the cost of maintaining two residences on their $174,000 annual salaries and the reimbursement process was intended to lessen the out-of-pocket load for lawmakers.

Katherine Tully-McManus contributed to this report.

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House panel releases Bill and Hillary Clinton’s depositions on Epstein

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The House committee charged with investigating Jeffrey Epstein has released more than nine hours of video footage from last week’s closed-door depositions with Bill and Hillary Clinton.

The former president and secretary of State testified in compliance with congressional subpoenas to members of the House Oversight and Government Reform Committee, where they were grilled at a performing arts center in Chappaqua, New York, over what they recall about Epstein and his longtime co-conspirator, Ghislaine Maxwell.

The committee asked Bill Clinton, who testified last Friday, about the photos he appeared in as part of the Justice Department’s Epstein files release and the relationship Epstein had with the Clinton Global Initiative.

Asked about President Donald Trump’s relationship with Epstein, Bill Clinton told the committee he recalled Trump saying the two had “a falling out over a land-deal, property deal.”

“He said, ‘I’m sorry it happened,’ that’s all,” the former president said, referring to Trump.

Rep. Robert Garcia of California, the top Democrat on the panel, asked whether he believed Trump should answer the committee’s questions, Bill Clinton responded, “That’s for you to decide.”

He added: “But he did know him well, and I once had a brief discussion with [Trump] about it.”

Trump has denied the accusations and has insisted he cut off ties with Epstein years before the convicted sex offender was put in jail.

Bill Clinton has maintained he had no knowledge of Epstein’s sex crimes and that he severed ties with the disgraced financier years prior to his arrest in 2019. Hillary Clinton, whose interview was the day before, insisted she didn’t recall ever meeting Epstein and considered Maxwell a casual acquaintance.

Neither of the Clintons have been accused of wrongdoing in connection with Epstein.

But Republicans considered their testimony critical to their probe. Bill Clinton has been featured heavily in the Epstein files released by the Justice Department, and some in the GOP have sought to make him an alternative bogeyman to Trump, who also had a rapport with Epstein.

Their depositions also came just as Democrats on the Oversight panel announced an investigation into whether the DOJ withheld or took down materials from its database around allegations that Trump sexually assaulted a minor.

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