Judges decline to extend acting Virginia U.S. attorney’s tenure

The U.S.

District Court for the Western District of Virginia will not extend the temporary term of the district’s top federal prosecutor, making it the latest court to reject a U.S.

attorney installed by President Trump.

In anoticeFriday, the court said that it would not sign off on keeping acting U.S.

Attorney Robert Tracci in his role after his term expires on March 18.

The active and senior judges of the district agreed unanimously not to appoint any U.S.

attorney to fill the vacancy upon the conclusion of Tracci’s tenure.

“The district judges prefer to await a nomination by the President, subject to the advice and consent of the Senate, for this Executive Branch position,” the notice read.

Tracci joins agrowing listof Trump’s U.S.

attorney picks whose tenures have not been extended by their district’s judges.

On Tuesday, a majority of judges on the U.S.

District Court for the Eastern District of Wisconsindeclined to extendthe term of Trump’s top federal prosecutor in Milwaukee upon its expiration on March 17.

It’s put the Trump administration and judiciary at odds over who has the authority to fill the critical positions as Senate confirmations stall for some of Trump’s most loyal nominees.

The Trump administration contends that Trump alone has the authority to select U.S.

attorneys, even after their temporary terms expire.

Courts, meanwhile, have pointed tofederal vacancy lawthat leaves the task up to district judges.

The Justice Department has sought to keep some U.S.

attorneys in their roles even as their temporary terms expired, while also quickly firing prosecutors tapped to fill the vacancies by courts.

U.S.

attorneys in New Jersey, Nevada, California, New York and Virginia have been disqualified by judges who found the prosecutors were unlawfully serving in their posts.

In New Jersey, where a judge ruled that Alina Habba was unlawfully serving as U.S.

attorney, the trio of officials selected to take over her position were also disqualified.

The disqualification of Lindsey Halligan, the former U.S.

attorney in the Eastern District of Virginia, was accompanied by the dismissals of cases against former FBI Director James Comey and New York Attorney General Letitia James (D), two of Trump’s political adversaries.

The Justice Department has appealed.

The Western District of Virginia, which Tracci oversees, is based in Roanoke buthas officesin Charlottesville, Abingdon, Lynchburg, Danville and Harrisonburg.

“Judges do not pick US attorneys—President Trump does,” a Justice Department spokesperson said in a statement.

“This Department of Justice will continue to defend our qualified and capable prosecutors who are working to make America safe again.”
The U.S.

Attorney’s Office for the Western District of Virginia declined to comment.