Harry Litman - Habba the Nutt
In their zeal to make Trump crony and rabid partisan Alina Habba the United States Attorney for the District of New Jersey, the Trump Administration and Department of Justice have turned what should have been a calm and straightforward transition into a bare-knuckled power grab.
In March, the administration appointed Habba (more about her in a moment) to a 120-day stint as interim United States Attorney, then later nominated her for the permanent, Senate-confirmed position.
Those 120 days are nearly up, but the Senate has not considered Habba’s nomination. In this situation, Congress has provided a statutory remedy in 28 U.S.C. §546(d): the judges of the district court in which the office sits may select a temporary replacement, who serves until the political process runs its course.
The Attorney General can appoint an interim U.S. Attorney for up to 120 days. If that period ends without the Senate confirming a nominee, the local district court steps in and appoints someone to serve until the White House’s pick is confirmed.
https://harrylitman.substack.com/p/habba-the-nutt