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S. 2634·119th Congress·Introduced Jul 31, 2025

Restoring Executive Power To Appoint United States Attorneys Act of 2025

IntroducedLawMajor
View bill text
Sponsor
Sen. Lee, Mike [R-UT]
Committees
Judiciary Committee (primary)
Last action
Jul 31, 2025

Bottom line

This bill shifts the authority for appointing interim United States Attorneys from district courts back to the Executive Branch, ensuring presidential appointees serve until confirmation.

What it actually does

This bill amends federal law to remove the ability of district courts to appoint interim United States Attorneys. Instead, any person appointed to fill a vacancy in the office of a U.S. Attorney will serve until a Presidentially-appointed and Senate-confirmed U.S. Attorney qualifies for the position, effectively centralizing interim appointment power within the Executive Branch.

Proponents argue

Proponents argue this bill restores the President's constitutional authority over federal law enforcement appointments, ensuring greater accountability and alignment of prosecutorial priorities with the administration's agenda. They may assert that the current system, which allows district courts to appoint interim U.S. Attorneys, infringes on executive power and can lead to inconsistent application of federal law.

Opponents contend

Opponents might argue that removing the district court's role in interim appointments eliminates an important check and balance, potentially politicizing the U.S. Attorney's office and undermining judicial independence. They may contend that allowing interim appointees to serve indefinitely without Senate confirmation could lead to less accountability and greater executive overreach.

The bill text is extremely short and can be read in under a minute, making it highly accessible for public review.

Section 2, page 1

Amending 28 U.S.C. 546 Regarding Vacancies in U.S. Attorney Offices

prominently featuredstraightforward

This section amends title 28, United States Code, specifically section 546, which governs vacancies in the office of United States Attorney. It strikes existing subsections (c) and (d) and replaces them with a new subsection (c). The new language stipulates that any person appointed as a United States Attorney under this section may serve until a Presidentially-appointed and Senate-confirmed United States Attorney for that district qualifies. This effectively eliminates the 120-day limit on interim appointments by the Attorney General and the subsequent power of district courts to appoint a U.S. Attorney.

GroupImpactMechanismScale
GroupThe Executive Branch (President, Attorney General)ImpactIncreased authority and control over U.S. Attorney appointments.MechanismRemoval of judicial branch authority in interim appointments.ScaleNational, affecting all 93 U.S. Attorney offices.
GroupFederal Judiciary (District Courts)ImpactDecreased authority in filling U.S. Attorney vacancies.MechanismLoss of power to appoint interim U.S. Attorneys after 120 days.ScaleNational, affecting all federal judicial districts.
GroupUnited States Attorneys (interim appointees)ImpactPotential for longer interim service without Senate confirmation.MechanismRemoval of time limits and judicial oversight on interim appointments.ScaleIndividual U.S. Attorney offices.

Supporters argue

Supporters argue this provision ensures the President's constitutional authority to oversee federal law enforcement is fully realized, preventing judicial interference in executive appointments. They contend it streamlines the appointment process and ensures that the U.S. Attorney's office aligns with the administration's policy goals.

Critics contend

Critics argue that removing the district court's role eliminates a crucial check on executive power, potentially allowing politically motivated interim appointments to serve indefinitely without the accountability of Senate confirmation. They may raise concerns about the politicization of justice and the erosion of judicial independence.

Tradeoffs

The provision balances executive control over federal law enforcement with concerns about checks and balances and the potential for politicization of justice. It trades the judicial branch's role in ensuring continuity for increased executive authority.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

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