"The Justice Department's acceptance of the court's appointment of Robert Frazer as head of New Jersey's U.S. attorney's office marks a significant shift in its stance on judicial authority. This decision ended an eight-month standoff that left New Jersey without a lawfully serving U.S. attorney, creating a leadership vacuum that jeopardized numerous criminal indictments."
"For the first time, the Trump administration acknowledged the federal judiciary's constitutional prerogative to appoint U.S. attorneys, retreating from its earlier position that only the president could name top prosecutors. This capitulation is a significant step back from the administration's maximalist vision of a 'unitary executive.'"
The Justice Department accepted a court's appointment of Robert Frazer as New Jersey's U.S. attorney, ending an eight-month standoff. This capitulation followed legal defeats and acknowledged the judiciary's authority to appoint U.S. attorneys, countering the Trump administration's earlier claims of exclusive presidential power. The leadership vacuum in New Jersey jeopardized criminal indictments and led to chaos in the courts. This decision signifies a retreat from the Trump administration's vision of a unitary executive and reinforces the resilience of the separation of powers.
Read at Slate Magazine
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