Who Can Appoint a U.S. Attorney? Vacancies Act, Appointments Clause, and the New Jersey Ruling

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack a 77-page district-court opinion from New Jersey that halted prosecutions because the U.S. Attorney was improperly installed under the Federal Vacancies Reform Act.

They walk through the 120-day interim limit, the “PAS officer” and 90-day service requirements, and the debate over whether a U.S. Attorney is a principal or inferior officer under the Appointments Clause—including the thorny question of courts appointing executive officials.

The discussion covers why the indictments weren’t tossed, what an appeal to the Third Circuit could look like, how Senate confirmation gridlock fuels these fights, and the broader stakes for separation of powers, prosecutorial accountability, and constitutional governance.