<--Here is the rule of appointment of USAs under The USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005
From TPMmuckraker:
On Jan. 18, Attorney General Alberto Gonzales told the Senate Judiciary Committee, under oath, that he never intended to take advantage of a Patriot Act provision that allows the President to appoint “interim” U.S. attorneys for an indefinite period of time, without Senate confirmation:
On Jan. 18, Attorney General Alberto Gonzales told the Senate Judiciary Committee, under oath, that he never intended to take advantage of a Patriot Act provision that allows the President to appoint “interim” U.S. attorneys for an indefinite period of time, without Senate confirmation:
I am fully committed, as the administration’s fully committed, to ensure that, with respect to every United States attorney position in this country, we will have a presidentially appointed, Senate-confirmed United States attorney.
Before the Patriot Act was changed in 2005, the Attorney General could appoint interim U.S. attorneys to serve for a maximum of 120 days. After that time period, they needed to receive Senate confirmation or the federal district court in the vacant office’s district would name a replacement.The Arkansas Blog notes that Griffin was appointed under the Patriot Act, and therefore is legally allowed to serve indefinitely. Yet nevertheless, Gonzales still promised senators that he never intended to take advantage of the provision.
Arkansas Blog writes:
"Sen. Mark Pryor's office says that the Justice Department has represented consistently that Griffin was being appointed under provisions of the Patriot Act and thus is a full U.S. attorney and not an "interim" serving under a time limit. Gonzales did represent (dishonestly by all appearances) that it was his intention to seek Senate confirmation for Griffin. The matter has been settled in court, by Judge G. Thomas Eisele's rejection of a challenge of Griffin's appointment by defense lawyer John Wesley Hall. Eisele explicitly held that Griffin held the position under the Patriot Act provision that allow unlimited appointments."
Here are the new rules:
SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.
Section 546 of title 28, United States Code, is amended by striking subsections (c) and (d) and inserting the following new subsection:`(c) A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under section 541 of this title. '
The addition eliminates restrictions on the length of service for interim U.S. attorneys and allows future interim attorneys to serve indefinitely without Senate confirmation
Arkansas Blog writes:
"Sen. Mark Pryor's office says that the Justice Department has represented consistently that Griffin was being appointed under provisions of the Patriot Act and thus is a full U.S. attorney and not an "interim" serving under a time limit. Gonzales did represent (dishonestly by all appearances) that it was his intention to seek Senate confirmation for Griffin. The matter has been settled in court, by Judge G. Thomas Eisele's rejection of a challenge of Griffin's appointment by defense lawyer John Wesley Hall. Eisele explicitly held that Griffin held the position under the Patriot Act provision that allow unlimited appointments."
Here are the new rules:
SEC. 502. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.
Section 546 of title 28, United States Code, is amended by striking subsections (c) and (d) and inserting the following new subsection:`(c) A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under section 541 of this title. '
The addition eliminates restrictions on the length of service for interim U.S. attorneys and allows future interim attorneys to serve indefinitely without Senate confirmation
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